James Robert Burchard June P. Burchard v. H. Lawrence Garrett, Iii, Secretary, Department of Navy

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Robert BURCHARD; June P. Burchard, Plaintiffs-Appellants, v. H. Lawrence GARRETT, III, Secretary, Department of Navy, Defendant-Appellee. No. 93-35425. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 1, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 James Robert Burchard and June P. Burchard (the Burchards) appeal pro se the district court's summary judgment for the Secretary of the Department of the Navy in their action under Title VII, 42 U.S.C. Sec. 2000e et seq., and the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et seq. The government contends we lack jurisdiction because the notice of appeal is untimely. We agree and dismiss the appeal. 3 A timely notice of appeal is mandatory and jurisdictional. Munden v. Ultra-Alaska Assocs., 849 F.2d 383 , 386 (9th Cir.1988). "Under Fed.R.App.P. 4(a)(1), in a matter where the…