Theron Lynch v. Napa State Hospital

430 F. App'x 622

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 3, 2011
• Docket: 10-15463
• Status: Unpublished

Opinion

MEMORANDUM **

Theron N. Lynch, a former detainee at Napa State Hospital, appeals pro se from the district court’s judgment dismissing without prejudice for failure to serve the summonses and complaint properly under Fed.R.Civ.P. 4 his 42 U.S.C. § 1983 action alleging constitutional violations. We consider sua sponte whether we have jurisdiction over this appeal, Hostler v. Groves, 912 F.2d 1158, 1160 (9th Cir.1990), and we dismiss.

Lynch’s notice of appeal was untimely because it was filed more than thirty days after the district court entered judgment. See Fed. R.App. 4(a)(1)(A). Accordingly, we lack jurisdiction over this appeal. See Stephanie-Cardona LLC v. Smith’s Food & Drug Ctrs., Inc., 476 F.3d 701, 703 (9th Cir.2007) (“A timely notice of appeal is a non-waivable jurisdictional requirement.”).

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.