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William Alexander v. Joseph C. Sacha

439 F.2d 742, 1971 U.S. App. LEXIS 11178
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 24, 1971
Docket25679_1
StatusPublished
Cited by9 cases

This text of 439 F.2d 742 (William Alexander v. Joseph C. Sacha) 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.

Bluebook
William Alexander v. Joseph C. Sacha, 439 F.2d 742, 1971 U.S. App. LEXIS 11178 (9th Cir. 1971).

Opinion

PER CURIAM:

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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Cite This Page — Counsel Stack

Bluebook (online)
439 F.2d 742, 1971 U.S. App. LEXIS 11178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-alexander-v-joseph-c-sacha-ca9-1971.