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No. 8701166
United States Court of Appeals for the Ninth Circuit
Jones v. Tolson
No. 8701166 · Decided February 23, 2018
No. 8701166·Ninth Circuit · 2018·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 23, 2018
Citation
No. 8701166
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Garland A. Jones, a California state prisoner, appeals pro se from the magistrate judge’s order denying his motion for relief from judgment. We dismiss this appeal for lack jurisdiction because Jones failed to appeal timely from the magistrate judge’s order denying his motion for relief from judgment. See Fed. R; App. P. 4(a)(1)(A); Bowles v. Russell, 551 U.S. 205, 209 , 127 S.Ct. 2360 , 168 L.Ed.2d 96 (2007) (timely notice of appeal is mandatory and jurisdictional); see also Fed. R. App. P. 4(c)(1) (inmate’s notice of appeal is deemed filed when deposited in the institution’s internal mail system if accompanied by supporting declaration or evidence); Houston v. Lack, 487 U.S. 266, 273 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988) (pro se prisoner’s notice of appeal is deemed filed when delivered to the prison authorities for forwarding to the court). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
Jones, a California state prisoner, appeals pro se from the magistrate judge’s order denying his motion for relief from judgment.
Key Points
01Jones, a California state prisoner, appeals pro se from the magistrate judge’s order denying his motion for relief from judgment.
02We dismiss this appeal for lack jurisdiction because Jones failed to appeal timely from the magistrate judge’s order denying his motion for relief from judgment.
032360 , 168 L.Ed.2d 96 (2007) (timely notice of appeal is mandatory and jurisdictional); see also Fed.
044(c)(1) (inmate’s notice of appeal is deemed filed when deposited in the institution’s internal mail system if accompanied by supporting declaration or evidence); Houston v.
Frequently Asked Questions
Jones, a California state prisoner, appeals pro se from the magistrate judge’s order denying his motion for relief from judgment.
FlawCheck shows no negative treatment for Jones v. Tolson in the current circuit citation data.
This case was decided on February 23, 2018.
Use the citation No. 8701166 and verify it against the official reporter before filing.