NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 23 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GARLAND A. JONES, No. 17-17060

Plaintiff-Appellant, D.C. No. 1:15-cv-01037-MJS

v.

MEMORANDUM*

TOLSON; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Michael J. Seng, Magistrate Judge, Presiding

Submitted February 13, 2018**

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

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.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). App. P. 4(a)(1)(A); Bowles v. Russell, 551 U.S. 205, 209 (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 (1988) (pro se prisoner’s notice of appeal is deemed filed when

delivered to the prison authorities for forwarding to the court).

DISMISSED.

2 17-17060