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

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

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-22

How this case has been cited

Cited by 25 later decisions — most recently April 2016 · most notably Vaughan v. Ricketts (1991), Koch v. Ricketts (1995)

17 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Appeal from the United States District Court for the District of oregon.

Before BROWNING, THOMPSON and LEAVY, Circuit Judges.

ORDER

¶1

Appellant 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).

¶2

Moreover, appellant did not file his notice of appeal within the 30-day time period 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).

¶3

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