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875 F.2d 250

Docket No. 89-35241.

Bird v. Reese

Ninth Circuit Court of Appeals

Submitted May 15, 1989.

Decided May 22, 1989.

Ninth Circuit Court of Appeals · decided 1989-05-22

Cited by 1 later decisions — most recently December 1991

1 federal appellate ·

Relies on Pettibone v. Cupp · McNutt v. Cardox Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-22

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¶1Before BROWNING, THOMPSON and LEAVY, Circuit Judges.

¶2ORDER

¶3Appellant appeals from the district court order denying his motion for a default judgment. Because such a denial is not a final appealable order, we lack jurisdiction over this appeal. See McNutt v. Cardox Corp., 329 F.2d 107, 108 (6th Cir.1964).

¶4Moreover, appellant did not file his notice of appeal within the 30-day time *257period required under Fed.R.App.P. 4(a). This time period is mandatory and jurisdictional. See Pettibone v. Cupp, 666 F.2d 333, 334 (9th Cir.1981).

¶5Accordingly, appellees’ motion to dismiss this appeal for lack of jurisdiction is granted. This appeal is hereby dismissed.

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