Morgande v. Tilton et al
Filing
42
MANDATE of USCA as to 36 Motion for Certificate of Appealability: The judgment of this Court, entered 4/12/2012, takes effect this date. (Michel, G)
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FILED
MAY 04 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
BEGOIA MORGANDE,
Petitioner - Appellant,
v.
JAMES E. TILTON and D. K. SISTO,
No. 12-15528
D.C. No. 2:07-cv-01824-MMS
U.S. District Court for Eastern
California, Sacramento
MANDATE
Respondents - Appellees.
The judgment of this Court, entered April 12, 2012, takes effect this date.
This constitutes the formal mandate of this Court issued pursuant to Rule
41(a) of the Federal Rules of Appellate Procedure.
FOR THE COURT:
Molly C. Dwyer
Clerk of Court
Synitha Walker
Deputy Clerk
FILED
APR 12 2012
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BEGOIA MORGANDE,
Petitioner - Appellant,
v.
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
No. 12-15528
D.C. No. 2:07-cv-01824-MMS
Eastern District of California,
Sacramento
JAMES E. TILTON and D. K. SISTO,
ORDER
Respondents - Appellees.
Before: PREGERSON, CANBY, and FISHER, Circuit Judges.
A review of the record demonstrates that this court lacks jurisdiction over
this appeal because the February 1, 2012 notice of appeal, dated January 26, 2012,
was not filed or delivered to prison officials within 30 days after the district court’s
judgment entered on August 13, 2009. See 28 U.S.C. § 2107(a); United States v.
Sadler, 480 F.3d 932, 937 (9th Cir. 2007) (requirement of timely notice of appeal
is jurisdictional). The district court did not abuse its discretion in denying
appellant’s motion to reopen the time to appeal pursuant to Federal Rule of
Appellate Procedure 4(a)(6) because the motion was untimely. See Nunley v. City
of Los Angeles, 52 F.3d 792, 794 (9th Cir. 1995); see also Fed. R. App. P.
4(a)(6)(B) (motion must be filed within 180 days after entry of judgment or within
MF/Pro Se
14 days after receiving notice of entry of judgment, whichever is earlier). To date,
appellant has not filed a notice of appeal from the district court’s order entered on
March 9, 2012. Consequently, this appeal is dismissed for lack of jurisdiction.
DISMISSED.
MF/Pro Se
2
12-15528
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