Michael Webb v. D. Sisto

384 F. App'x 649

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 18, 2010
• Docket: 08-17003
• Status: Unpublished

Opinion

MEMORANDUM ***

Petitioner Michael Webb appeals the order of the district court denying his petition for a writ of habeas corpus. Webb concedes that he filed his notice of appeal thirty-one days after the district court entered judgment. A notice of appeal in a civil case “must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.” Fed R. App. P. 4(a)(1)(A). “An appeal from a denial of habeas petition is considered a ‘civil’ matter and is thus subject to the time limitations set forth in rule 4(a)” of the Federal Rules of Appellate Procedure. Malone v. Avenenti, 850 F.2d 569, 571 (9th Cir.1988). Rule 4(a) “is both mandatory and jurisdictional” because “Congress ... specifically limited our jurisdiction to hear civil appeals at 28 U.S.C. § 2107(a), which codifies the same time constraints on the filing of civil appeals ... that exist in Rule 4(a).” United States v. Sadler, 480 F.3d 932, 937 (9th Cir.2007) (emphasis removed). We “must dismiss civil appeals that are untimely for lack of jurisdiction ....” Id.

DISMISSED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.