Guillermo Quinones v. United States , 578 F. App'x 609 ( 2014 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-1670
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Guillermo Quinones
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: September 17, 2014
Filed: September 23, 2014
[Unpublished]
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Before WOLLMAN, BYE, and SMITH, Circuit Judges.
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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. § 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.
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