Alexander v. Sacha, 25679.
| Decision Date | 24 March 1971 |
| Docket Number | No. 25679.,25679. |
| Citation | 439 F.2d 742 |
| Parties | William ALEXANDER, Plaintiff-Appellant, v. Joseph C. SACHA et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
William Alexander, in pro. per.
Roger Arnebergh, City Atty., John A. Daly, Asst. City Atty., W. T. Maskey, Deputy City Atty., George J. Franscell, Asst. City Atty., Los Angeles, Cal., for defendants-appellees.
Before DUNIWAY, ELY, and HUFSTEDLER, Circuit Judges.
Appellant, William Alexander, seeks reversal of an order of the district court dismissing as frivolous his civil rights action under 28 U.S.C. § 1915(d).
We dismiss the appeal because Alexander's failure timely to file his notice of appeal deprives us of jurisdiction. (E.g., Winchell v. Lortscher (8th Cir. 1967) 377 F.2d 247.) Judgment was entered on October 6, 1969. Notice of appeal was filed January 5, 1970, more than 90 days later. Rule 4(a) of the Federal Rules of Appellate Procedure provides that a notice of appeal must be filed "within 30 days of the date of the entry of the judgment or order appealed from." The time to file cannot be extended beyond an additional 30 days. Alexander's notice of appeal thus came well after the latest possible date for filing such a notice.
The appeal is dismissed.
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...556, 561, 54 L.Ed.2d 521 (1978); Rodriguez v. Southern Pacific Transportation Co., 587 F.2d 980, 981 (9th Cir. 1978); Alexander v. Sacha, 439 F.2d 742 (9th Cir. 1971). The notice of appeal must be filed within 30 days of the entry of judgment. Fed.R.App.P. 4(a). But the running of this time......
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Saunders v. Cabinet Makers and Millmen, Local 721, 75-2869
...notice of appeal on July 25, 1975, was clearly untimely, and consequently this court lacks jurisdiction over his appeal. Alexander v. Sacha, 439 F.2d 742 (9th Cir. 1971). We find no extraordinary circumstances here dictating against strict adherence to these basic procedural rules. Cf. Alle......
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Gilbert v. State of Ariz., 92-16978
...affirm. Gilbert failed to file a timely notice of appeal from the district court's judgment. See Fed.R.App.P. 4(a)(1); Alexander v. Sacha, 439 F.2d 742 (9th Cir.1971) (requirement of a timely notice of appeal is jurisdictional). Consequently, this court's appellate jurisdiction is limited t......