Dean Clifton Gilbert v. State of Arizona

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dean Clifton GILBERT, Plaintiff-Appellant, v. STATE OF ARIZONA, et al., Defendants-Appellees. No. 92-16978. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 9, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Dean Clifton Gilbert appeals pro se the district court's judgment dismissing his 42 U.S.C. § 1983 prisoner civil rights action without prejudice. We have jurisdiction under 28 U.S.C. § 1291 , and we review for an abuse of discretion. See Hernandez v. Whiting, 881 F.2d 768, 770 (9th Cir.1989). We affirm. 3 Gilbert failed to file a timely notice of appeal from the district court's judgment. See Fed.R.App.P. 4(a)(1); Alexander v. Sacha, 439 F.2d 742 (9th Cir.1971) (requirement of a timely notice of appeal is jurisdictional). Consequently, this court's appellate jurisdiction is limited to review of the denial of the motion for reconsideration.…