Richard Berkey v. Texaco Inc.

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard BERKEY, Plaintiff/Appellant v. TEXACO INC., Defendant/Appellee. No. 93-16091. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1994. * Decided Dec. 19, 1994. Before: SKOPIL, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Richard Berkey appeals the district court's order denying his motion to reopen the time to appeal from the district court's summary judgment in favor of Texaco. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Berkey claims that it was error for the district court to deny his motion because he did not receive notice of the district court's judgment within the time specified for filing a notice of appeal. However, "[l]ack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Federal Rules of…