Robinson v. Naughton

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 2 2025

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARYON ROBINSON, No. 23-1545

D.C. No. Plaintiff - Appellee, 3:21-cv-00210-MMD-CSD v.

MEMORANDUM* DR. NAUGHTON, Medical Provider,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding Argued and Submitted March 6, 2025 Las Vegas, Nevada

Before: RAWLINSON, MILLER, and DESAI, Circuit Judges.

Dr. Martin Naughton appeals the district court’s denial of his summary judgment motion on qualified immunity. Dr. Naughton filed a notice of appeal 35 days after the district court entered its order on the docket. In a concurrently filed opinion, we hold that 28 U.S.C. § 2107(a) requires defendants to file a notice of appeal within 30 days after entry of an order denying qualified immunity. McNeil v. Gittere, No. 23-3080, slip op. at 3 (9th Cir. Sep. 2, 2025). Because Dr. Naughton filed his appeal more than 30 days after the district court entered its order denying summary judgment on qualified immunity, it is untimely. We thus dismiss the appeal for lack of jurisdiction.

The appeal is DISMISSED.

2 23-1545