Summary
In Alexander v. Sacha, 439 F.2d 742 (9th Cir. 1971), this court established that neither the District Court nor the Court of Appeals has any power to permit an appeal to proceed once the consecutive thirty-day periods specified in Rule 4(a), Fed.R.App.P., have elapsed without the appellant's having filed a notice of appeal, a motion to extend the time for filing such a notice, or a motion tolling Rule 4(a).
Summary of this case from Felix v. CardwellOpinion
No. 25679.
March 24, 1971.
William Alexander, in pro. per.
Roger Arnebergh, City Atty., John A. Daly, Asst. City Atty., W.T. Maskey, Deputy City Atty., George J. Franscell, Asst. City Atty., Los Angeles, Cal., for defendants-appellees.
Before DUNIWAY, ELY, and HUFSTEDLER, Circuit Judges.
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.