Cruz v. Unified Western Grocers, Inc.

Ninth Circuit

Cruz v. Unified Western Grocers, Inc.

162 F. App'x 735

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 11, 2006

DocketNo. 04-57101; D.C. No. CV-04-00116-R

StatusPublished

This text of 162 F. App'x 735 (Cruz v. Unified Western Grocers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cruz v. Unified Western Grocers, Inc., 162 F. App'x 735 (9th Cir. 2006).

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Opinion

MEMORANDUM

**

Myrna Cruz appeals from the district court’s order denying her Fed. R.App. P. 4(a)(6) motion to reopen the time period to appeal the summary judgment entered in favor of defendants. We review for abuse of discretion, Nguyen v. Southwest Leasing and Rental, Inc., 282 F.3d 1061, 1064 (9th Cir.2002), and we affirm.

The district court properly denied Cruz’s motion to reopen the time period to appeal, because Cruz failed to file her notice of appeal within 30 days of the district court’s entry of judgment under Rule 4(a)(1), and failed to file her motion to reopen under Rule 4(a)(6) within 7 days of actual notice of the date of entry of judgment, as provided to her in defendant’s bill of costs. See Vahan v. Shalala, 30 F.3d 102,103 (9th Cir.1994) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

Myrna Cruz appeals from the district court’s order denying her Fed. R.App. P. 4(a)(6) motion to reopen the time period to appeal the summary judgment entered in favor of defendants. We review for abuse of discretion, Nguyen v. Southwest Leasing and Rental, Inc., 282 F.3d 1061, 1064 (9th Cir.2002), and we affirm.

The district court properly denied Cruz’s motion to reopen the time period to appeal, because Cruz failed to file her notice of appeal within 30 days of the district court’s entry of judgment under Rule 4(a)(1), and failed to file her motion to reopen under Rule 4(a)(6) within 7 days of actual notice of the date of entry of judgment, as provided to her in defendant’s bill of costs. See Vahan v. Shalala, 30 F.3d 102,103 (9th Cir.1994) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Thanh Quoc Nguyen Loi Pham Hien Van Tieu v. Southwest Leasing and Rental, Inc. Otium Corporation, Dba USA Rent-A-Car, and Yokohama Tire Corp. Yokohama Rubber Company Ltd., Thanh Quoc Nguyen Loi Pham Hien Van Tieu v. Southwest Leasing and Rental, Inc. Otium Corporation, Dba USA Rent-A-Car, and Yokohama Tire Corp. Yokohama Rubber Company Ltd.

282 F.3d 1061 (Ninth Circuit, 2002)

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