Todd Robben v. City of South Lake Tahoe, et al
| TODD ROBBEN |
| CITY OF SOUTH LAKE TAHOE, BRIAN UHLER, CORY WILSON, SHANNON LANEY and CHRIS WEBBER |
| 19-16214 |
| June 17, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 3 MANDATE ISSUED. (RRC, NRS and MTF) [11370629] (CW) [Entered: 07/22/2019 07:02 AM] |
| Filing 2 Filed order (RICHARD R. CLIFTON, N. RANDY SMITH and MICHELLE T. FRIEDLAND): A review of the record demonstrates that this court lacks jurisdiction over this appeal because the notice of appeal, served on June 8, 2019 and filed on June 14, 2019, was not filed or delivered to prison officials within 30 days after the district courts judgment entered on June 28, 2018. 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). We decline to construe appellants statement in the notice of appeal that he received notice of the judgment on June 2, 2019 as a motion to reopen the time to appeal because such a motion would be untimely. See Fed. R. App. P. 4(a)(6)(A)(B) (motion must be filed within 180 days after entry of judgment or within 14 days after receiving notice of entry of judgment, whichever is earlier). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11348736] (AF) [Entered: 06/28/2019 01:53 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APELLANT AND NO APPEAREANCE FOR APPELLEES. SEND MQ: No. The schedule is set as follows: Appellant Todd Robben opening brief due 08/13/2019. [11333515] (JPD) [Entered: 06/17/2019 10:44 AM] |
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