Gary Scott Anderson v. State of Oregon

Good Law
981 F.2d 1257·1992 WL 389260·1992 U.S. App. LEXIS 36604
United States Court of Appeals for the Ninth CircuitDecember 28, 199292-35178California689 words

Opinion

Opinion

981 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Scott ANDERSON, Petitioner-Appellant, v. STATE OF OREGON, et. al., Respondents-Appellees. No. 92-35178. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 28, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Scott Anderson, an Oregon state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Jurisdiction 3 Respondent contends that this court lacks jurisdiction to consider Anderson's appeal because he did not timely file his motion to amend the judgment in the district court pursuant to Fed.R.Civ.P. 59. Respondent's assertion is incorrect. 4 Pursuant to Fed.R.App.P. 4(a), a petitioner must file a notice of appeal within thirty days of entry of the…

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