JOE PIAZZA, JR. V. FEDERAL BUREAU OF PRISONS, No. 11-55621 (9th Cir. 2012)
Annotate this Case
Download PDF
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT NOV 27 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JOE PIAZZA, Jr., No. 11-55621 Plaintiff - Appellant, D.C. No. 2:07-cv-01202-DOC-CW v. MEMORANDUM * FEDERAL BUREAU OF PRISONS; et al., Defendants - Appellees. Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Joe Piazza, Jr., appeals pro se from the district court s judgment dismissing his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of Narcotics, 403 U.S. 388 (1971) and the Federal Torts Claim Act alleging constitutional violations. We dismiss. We lack jurisdiction to consider Piazza s challenges to the underlying judgment because Piazza failed to file a timely notice of appeal as to the underlying judgment. See Fed. R. App. P. 4(a) (notice of appeal must be filed within sixty days after judgment if one of the parties is the United States); see also Munden v. Ultra-Alaska Assocs., 849 F.2d 383, 386 (9th Cir. 1988) (the appellate court will not strain to characterize artificially a postjudgment filing merely to keep the appeal alive ). DISMISSED. 2 11-55621
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
