Guillermo Quinones v. United States, No. 14-1670 (8th Cir. 2014)

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Court Description: Civil case - Federal Tort Claims Act. Dismissal affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1670 ___________________________ Guillermo Quinones lllllllllllllllllllll Plaintiff - Appellant v. United States of America lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: September 17, 2014 Filed: September 23, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges. ____________ PER CURIAM. Guillermo Quinones appeals the district court s1 order dismissing his action under the Federal Tort Claims Act for lack of jurisdiction. After careful review, see 1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas. Appley Bros. v. United States, 164 F.3d 1164, 1169-70 (8th Cir. 1999) (findings of fact are reviewed for clear error and application of law is reviewed de novo), we agree with the district court that Quinones failed to timely present his claim to the Bureau of Prisons, and thus dismissal was proper. See 28 U.S.C. ยง 2401(b); Motley v. United States, 295 F.3d 820, 822 (8th Cir. 2002); K.E.S. v. United States, 38 F.3d 1027, 1030 (8th Cir. 1994). Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Quinones s appellate motion. ______________________________ -2-

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