Filed: Oct. 17, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1815 JOSEPH PIRELA, Plaintiff - Appellant, v. ANGEL JOSE MIRANDA; LYDIA NICOLE ROBERTS; ETHIEL CALDERON, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:15-cv-00607-D) Submitted: October 13, 2016 Decided: October 17, 2016 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1815 JOSEPH PIRELA, Plaintiff - Appellant, v. ANGEL JOSE MIRANDA; LYDIA NICOLE ROBERTS; ETHIEL CALDERON, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:15-cv-00607-D) Submitted: October 13, 2016 Decided: October 17, 2016 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1815
JOSEPH PIRELA,
Plaintiff - Appellant,
v.
ANGEL JOSE MIRANDA; LYDIA NICOLE ROBERTS; ETHIEL CALDERON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III, Chief
District Judge. (5:15-cv-00607-D)
Submitted: October 13, 2016 Decided: October 17, 2016
Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joseph Pirela, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Pirela seeks to appeal the district court’s order
dismissing his complaint as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(B) (2012). We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
Parties are accorded 30 days after the entry of the district
court’s final judgment or order to note an appeal, Fed. R. App. P.
4(a)(1)(A), unless the district court extends the appeal period
under Fed. R. App. P. 4(a)(5), or reopens the appeal period under
Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of
appeal in a civil case is a jurisdictional requirement.” Bowles v.
Russell,
551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on June
9, 2016. The notice of appeal was filed on July 18, 2016. Because
Pirela failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we dismiss the appeal.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED
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