Guillermo Quinones v. United States

578 F. App'x 609

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 23, 2014
• Docket: 14-1670
• Status: Unpublished

Opinion

PER CURIAM.

Guillermo Quinones appeals the district court’s 1 order dismissing his action under the Federal Tort Claims Act for lack of jurisdiction. After careful review, see 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.

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.