Legal Opinion
Edward A. Ashford v. Charles Steuart, Don Erby, Ray Beaman, Steve Stedfelt, and Maynard Ross
Court of Appeals for the Ninth Circuit
Decided September 28, 1981No. 80-3033PublishedCited by 155 opinions
1Per curiam
Plaintiff failed to file a notice of appeal within thirty days of the order denying leave to file his complaint in forma pauperis. We therefore have no jurisdiction to consider the merits of that ruling. Fed.R.App.P. 4(a). However, we do have jurisdiction to consider the denial of plaintiff’s motion for reconsideration under Fed.R.Civ.P. 60(b) since plaintiff’s motion for leave to appeal in forma pauperis was filed within thirty days after denial of this motion and was sufficient evidence of plaintiff’s intent to appeal. See Noa v. Key Futures, Inc., 638 F.2d 77, 78 (9th Cir. 1980); Tillman…
2Cases cited5 opinions
- Security Mutual Casualty Company v. Century Casualty CompanyCourt of Appeals for the Tenth Circuit · 1980
- Quincy Lairsey and Frances Lairsey v. The Advance Abrasives CompanyCourt of Appeals for the Fifth Circuit · 1976
- Corex Corporation, D/B/A Quick Corporation of America v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- James Tillman, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Fed. Sec. L. Rep. P 97,568 Francisco Noa v. Key Futures, Inc.Court of Appeals for the Ninth Circuit · 1980
3Cited by155 opinions
- Lemoge v. United StatesCourt of Appeals for the Ninth Circuit · 2009
- Marvin Kagan v. Caterpillar Tractor Co.Court of Appeals for the Seventh Circuit · 1986
- Prc Harris, Inc. v. The Boeing CompanyCourt of Appeals for the Second Circuit · 1983
- Travelers Insurance v. Liljeberg Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1994
- Meiboom v. WatsonNew Mexico Supreme Court · 2000
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