Legal Opinion

William Alexander v. Joseph C. Sacha

Court of Appeals for the Ninth Circuit

Decided March 24, 1971No. 25679_1PublishedCited by 7 opinions

1Per 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…

2Cases cited1 opinion

  1. Kenneth H. Winchell v. David LortscherCourt of Appeals for the Eighth Circuit · 1967

3Cited by7 opinions

  1. Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981
  2. Alfredo M. RODRIGUEZ, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Corporation, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1978
  3. Jesus Robert Felix v. Harold J. Cardwell, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1976
  4. Claude E. Saunders v. Cabinet Makers and Millmen, Local 721Court of Appeals for the Ninth Circuit · 1977
  5. Alfredo Patrick Acosta, and Rose Malfabon, Applicant-In-Intervention/appellant v. Toyota Motor Sales, U.S.A., Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1994

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