Jervonne McMillon v. University of Southern California

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jervonne MCMILLON, Plaintiff-Appellant, v. UNIVERSITY OF SOUTHERN CALIFORNIA, Defendant-Appellee. No. 91-55723. United States Court of Appeals, Ninth Circuit. Aug. 20, 1992. Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 McMillon appeals the dismissal of her case based on the grant of summary judgment in defendant University of Southern California's favor and further appeals the district court's subsequent denial of reconsideration. We have jurisdiction only of the latter and affirm. I. 3 The district court entered summary judgment on March 19, 1991, and dismissed the case on April 3, 1991. Appellant's motion for reconsideration was not served upon the defendant until April 23, 1991, beyond the 10 day limit imposed by Fed.R.Civ.P. 59(e). McMillon's notice of appeal was not filed until June 17, 1991. Since the motion for reconsideration was untimely, it did not toll the 30 day time…