Garland Jones v. Tolson ( 2018 )


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  •                            NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                        FEB 23 2018
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    GARLAND A. JONES,                               No.    17-17060
    Plaintiff-Appellant,            D.C. No. 1:15-cv-01037-MJS
    v.
    MEMORANDUM*
    TOLSON; et al.,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Eastern District of California
    Michael J. Seng, Magistrate Judge, Presiding
    Submitted February 13, 2018**
    Before:      LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
    Garland A. Jones, a California state prisoner, appeals pro se from the
    magistrate judge’s order denying his motion for relief from judgment. We dismiss
    this appeal for lack jurisdiction because Jones failed to appeal timely from the
    magistrate judge’s order denying his motion for relief from judgment. See Fed. R.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    App. P. 4(a)(1)(A); Bowles v. Russell, 
    551 U.S. 205
    , 209 (2007) (timely notice of
    appeal is mandatory and jurisdictional); see also Fed. R. App. P. 4(c)(1) (inmate’s
    notice of appeal is deemed filed when deposited in the institution’s internal mail
    system if accompanied by supporting declaration or evidence); Houston v. Lack,
    
    487 U.S. 266
    , 273 (1988) (pro se prisoner’s notice of appeal is deemed filed when
    delivered to the prison authorities for forwarding to the court).
    DISMISSED.
    2                                   17-17060
    

Document Info

Docket Number: 17-17060

Filed Date: 2/23/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021