Joe Piazza, Jr. v. Federal Bureau of Prisons

MEMORANDUM

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 of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (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.

This disposition is not appropriate for publication and is not precedent except as provid ed by 9th Cir. R. 36-3.