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No. 15-7010
ERIC J. DEPAOLA,
Plaintiff - Appellant,
v.
VIRGINIA DEPARTMENT OF CORRECTIONS; HAROLD CLARKE; W. P.
ROGERS; MARK ENGELKE; JOHN GARMAN; GEORGE HINKLE; TRACY RAY;
RANDALL MATHENA; LINDA SHEAR; JAMES WADE; P. SCARBERRY,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James P. Jones, District Judge.
(7:12-cv-00592-JPJ-RSB)
Submitted:
Decided:
PER CURIAM:
Eric Joseph DePaola seeks to appeal the district courts order
granting Defendants motion for summary judgment on his 42 U.S.C.
1983 (2012) claim alleging that prison food at Red Onion State
Prison
does
religion.
not
conform
to
the
dietary
restrictions
of
his
district
Furthermore,
DePaolas Fed. R. Civ. P. 60(b) motion did not toll the period for
him to timely note an appeal because he filed the motion more than
28 days after the courts order granting summary judgment.
Fed. R. App. P. 4(a)(4)(A).
See
Accordingly, we affirm