Weldon E. Wiggins v. California Department Corrections Director, California Board of Prison Terms

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Weldon E. WIGGINS, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT CORRECTIONS DIRECTOR, California Board of Prison Terms, Defendants-Appellees. No. 90-15869. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Sept. 6, 1991. Before JAMES R. BROWNING, SNEED and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Weldon E. Wiggins, a California state prisoner, appeals pro se from the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. We dismiss for lack of appellate jurisdiction. 3 The requirement of a timely notice of appeal is mandatory and jurisdictional. See Fed.R.App.P. 4(a); Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978). A notice of appeal is jurisdictionally ineffective if it is filed before the disposition of a timely motion brought pursuant to Fed.R.Civ.P. 59(e). See Tripati v. Henman, 845 F.2d 205, 206 (9th Cir.1988). Thus,…