Durham v. Thom

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Raymond DURHAM, Plaintiff-Appellant, v. Ronald THOM, Shirley Ramer, Aaron Ramer, Sharon Bendal, Virgil Savage, Barbara Savage, Rita Hamilton, Bonnie Empson, Terry Shaffer, Michael Machado, Paul McAllister, Paul Reed, Lester Savage, Judy Supan, Jennie O'Neal, and Charles Sames, Defendants-Appellees. No. 87-4308. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1989. * Decided Dec. 5, 1989. Before BROWNING, WALLACE, and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 The district court dismissed Durham's claim against defendant Thom for failure to state a claim under Rule 12(b)(6), Fed.R.Civ.P. Pursuant to Rule 54(b), Fed.R.Civ.P., judgment was entered for Thom on April 22, 1987. Because Durham did not file a notice of appeal until October 28, 1987, some six months after the district court entered final judgment for Thom, we dismiss Durham's appeal against defendant Thom as untimely. See…