Richard Brian Bird v. Chuck Reese, Lt., Margaret Wall, and Manfred Maass, Superintendent, Osp

Ninth Circuit

Richard Brian Bird v. Chuck Reese, Lt., Margaret Wall, and Manfred Maass, Superintendent, Osp

875 F.2d 256, 1989 U.S. App. LEXIS 6938, 1989 WL 52756

Court of Appeals for the Ninth Circuit·Decided May 22, 1989·No. 89-35241·Published·Cited by 24 cases

Opinion

ORDER

Appellant appeals from the district court order denying his motion for a default judgment. Because such a denial is not a final appealable order, we lack jurisdiction over this appeal. See McNutt v. Cardox Corp., 329 F.2d 107, 108 (6th Cir.1964).

Moreover, appellant did not file his notice of appeal within the 30-day time *257 period required under Fed.R.App.P. 4(a). This time period is mandatory and jurisdictional. See Pettibone v. Cupp, 666 F.2d 333, 334 (9th Cir.1981).

Accordingly, appellees’ motion to dismiss this appeal for lack of jurisdiction is granted. This appeal is hereby dismissed.

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ORDER

Appellant appeals from the district court order denying his motion for a default judgment. Because such a denial is not a final appealable order, we lack jurisdiction over this appeal. See McNutt v. Cardox Corp., 329 F.2d 107, 108 (6th Cir.1964).

Moreover, appellant did not file his notice of appeal within the 30-day time *257 period required under Fed.R.App.P. 4(a). This time period is mandatory and jurisdictional. See Pettibone v. Cupp, 666 F.2d 333, 334 (9th Cir.1981).

Accordingly, appellees’ motion to dismiss this appeal for lack of jurisdiction is granted. This appeal is hereby dismissed.

Richard Brian Bird v. Chuck Reese, Lt., Margaret Wall, and Manfred Maass, Superintendent, Osp, 875 F.2d 256, 1989 U.S. App. LEXIS 6938, 1989 WL 52756 (9th Cir. 1989).

Pincite

875 F.2d 256 (Richard Brian Bird v. Chuck Reese, Lt., Margaret Wall, and Manfred Maass, Superintendent, Osp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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