Alfredo M. RODRIGUEZ, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Corporation, Defendant-Appellee

Rodriguez sued his employer alleging discriminatory denial of a promotion in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Supp. V 1975). The district court dismissed the action for lack of jurisdiction due to Rodriguez’s failure to file his discrimination charge within 180 days of the alleged discriminatory act. The court subsequently denied Rodriguez’s motion to set aside the judgment of dismissal. Rodriguez appeals from both orders. We affirm.

Rodriguez failed to file his notice of appeal within 30 days of the entry of the underlying judgment of dismissal. Therefore, this court lacks jurisdiction to review it. Fed.R.App.P. 4(a); Alexander v. Sacha, 439 F.2d 742 (9th Cir. 1971).

Rodriguez moved to set aside the judgment on the ground that the district court committed a “manifest error in the interpretation of the jurisdictional statute,” 42 U.S.C. § 2000e-5(e) (Supp. V 1975). This motion was not timely filed as a motion to alter or amend the judgment under Rule 59 of the Federal Rules of Civil Procedure, and it must be treated as a motion for relief from judgment under Rule 60(b). The district court’s denial of a Rule 60(b) motion must be…