Carmon Warren v. J. Shawnego

MEMORANDUM

Carmon E. Warren, a California state prisoner, appeals pro se from the district court’s order denying his motion for relief from judgment of the dismissal of his action for failure to exhaust administrative remedies. We dismiss this appeal for lack of jurisdiction.

Warren failed to appeal within 30 days of April 23, 2013, the date of the district court’s order denying his motion for relief from judgment. See Fed. R.App. P. 4(a)(1)(A); Fed. R.App. P. 4(c)(1) (“[T]he notice is timely if it is deposited in the institution’s internal mail system on or before the last day for filing.”); Houston v. Lack, 487 U.S. 266, 273 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988) (“[Djelivery of a notice of appeal to prison authorities would not under any theory constitute a ‘filing’ unless the notice were delivered for forwarding to the district court.”). Accordingly, Warren’s notices of appeal were untimely and we lack jurisdiction. See Stephanie-Cardona LLC v. Smith’s Food & Drug Ctrs., Inc., 476 F.3d 701, 703 (9th Cir.2007) (“A timely notice of appeal is a non-waivable jurisdictional requirement.”).

DISMISSED.

This disposition is not appropriate for publication and is not precedent…