Legal Opinion

Cruz v. Unified Western Grocers, Inc.

Court of Appeals for the Ninth Circuit

Decided January 11, 2006No. 04-57101; D.C. No. CV-04-00116-RPublished

1Opinion of the Court

MEMORANDUM**

Myrna Cruz appeals from the district court’s order denying her Fed. R.App. P. 4(a)(6) motion to reopen the time period to appeal the summary judgment entered in favor of defendants. We review for abuse of discretion, Nguyen v. Southwest Leasing and Rental, Inc., 282 F.3d 1061, 1064 (9th Cir.2002), and we affirm.

The district court properly denied Cruz’s motion to reopen the time period to appeal, because Cruz failed to file her notice of appeal within 30 days of the district court’s entry of judgment under Rule 4(a)(1), and failed to file her motion to reopen under Rule 4(a)(6)…

2Cases cited2 opinions

  1. Christopher Vahan v. Donna E. Shalala, Secretary, Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1994
  2. Thanh Quoc Nguyen Loi Pham Hien Van Tieu v. Southwest Leasing and Rental, Inc. Otium Corporation, Dba USA Rent-A-Car, and Yokohama Tire Corp. Yokohama Rubber Company Ltd., Thanh Quoc Nguyen Loi Pham Hien Van Tieu v. Southwest Leasing and Rental, Inc. Otium Corporation, Dba USA Rent-A-Car, and Yokohama Tire Corp. Yokohama Rubber Company Ltd.Court of Appeals for the Ninth Circuit · 2002

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