JOE PIAZZA, Jr. v. Federal Bureau of Prisons;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOE PIAZZA, Jr.,
Plaintiff - Appellant,
v.
FEDERAL BUREAU OF PRISONS; et
al.,
Defendants - Appellees.
No. 11-55621
D.C. No. 2:07-cv-01202-DOC-CW
MEMORANDUM*
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
FILED
NOV 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-55621 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.

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