San Mateo County Sheriff's Office v. Calderon Lopez

Case: 24-2079 Document: 5 Page: 1 Filed: 07/30/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SAN MATEO COUNTY SHERIFF’S OFFICE,

Plaintiff-Appellee v.

RICARDO JOSE CALDERON LOPEZ,

Defendant-Appellant ______________________

2024-2079 ______________________

Appeal from the United States District Court for the Northern District of California in No. 3:18-cv-00066-EMC, Judge Edward M. Chen. ______________________

PER CURIAM.

ORDER

Ricardo Jose Calderon Lopez brought suit against ap- pellee in California state court and then sought to remove the case to federal court. On January 8, 2018, the United States District Court for the Northern District of California remanded the case to state court. Mr. Calderon Lopez ap- pealed that decision to the United States Court of Appeals for the Ninth Circuit, which dismissed his appeal for lack of jurisdiction on February 28, 2018. On June 15, 2024, Mr. Calderon Lopez filed a notice of appeal directed to this court from a “01/18/2018” decision. ECF No. 1-2 at 1.

Case: 24-2079 Document: 5 Page: 2 Filed: 07/30/2024

2 SAN MATEO COUNTY SHERIFF’S OFFICE v. CALDERON LOPEZ

We dismiss. To the extent Mr. Calderon Lopez seeks review of a decision of the Ninth Circuit, we lack jurisdic- tion. See 28 U.S.C. § 1295. To the extent Mr. Calderon Lopez instead seeks review of a ruling by the district court, we note that the district court’s docket does not list a deci- sion issued on January 18, 2018, and any appeal from the dismissal order would be untimely. See Bowles v. Russell, 551 U.S. 205, 214 (2007) (“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.”); 28 U.S.C. § 2107 (providing 30 days to file a notice of appeal); Fed. R. App. P. 4. Thus, we and any other court of appeals would lack jurisdiction over such an appeal.

Accordingly,

IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT

July 30, 2024

Date