Batchelder v. Geary
Opinion of the Court
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
This is an appeal from an order of the district court terminating a consent decree regarding access to the courts. However, we lack jurisdiction because the notice of appeal, which was filed April 5, 2007, was not timely.
Specifically: (1) The district court order terminating the Access to the Courts Decree of June 23, 1973, was entered on November 16, 2005, but no separate judgment was entered; (2) The district court order terminating, in principal part, the Disciplinary Procedures Decree, as amended August 30, 1977, was entered August 30, 2006, but, again, no separate judgment was entered. Because the first of those finally terminated the Access Decree, 150 days later a separate judgment regarding that decree was deemed entered,
Therefore, this appeal is DISMISSED for lack of appellate jurisdiction.
. See Fed. R.App. P. 4(a)(7)(A)(ii); see also Menken v. Emm, 503 F.3d 1050, 1055-56 (9th Cir. 2007); Stephanie-Cardona LLC v. Smith’s Food & Drug Centers, Inc., 476 F.3d 701, 703-04 (9th Cir. 2007).
Reference
- Full Case Name
- Eugene BATCHELDER E.J. Corum Ted Delgadillo Charlene Rowlodge Jo Ann Hicks, Plaintiffs—Appellants v. James M. GEARY, Santa Clara County Sheriff M. Riley, Captain Paul Becker, Lt. County of Santa Clara, Defendants—Appellees
- Status
- Published