Samuel H. Sloan v. Fredrick H. Murphy, Holden-Day, Inc. Tom Palmer and Ron Palmer

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Samuel H. SLOAN, Plaintiff-Appellant, v. Fredrick H. MURPHY, Holden-Day, Inc.; Tom Palmer and Ron Palmer, Defendants-Appellees, No. 92-16645. United States Court of Appeals, Ninth Circuit. Submitted Dec. 23, 1993. * Decided Feb. 3, 1994. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Samuel Sloan appeals pro se the district court's dismissal of his shareholder derivative action and the denial of his motion to vacate the dismissal. Sloan's appeal from the dismissal, however, is not timely, and accordingly, we do not have jurisdiction to reach the merits of the underlying judgment. See Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (deadline for filing notice of appeal is mandatory and jurisdictional). The appeal is timely, however, from the denial of the motion to vacate. We conclude that the district court did not abuse its discretion by denying that motion. We affirm. 3…