Perry A. McCullough v. Glen Craig Edward Doonan Michael Weisman

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry A. MCCULLOUGH, Plaintiff-Appellant, v. Glen CRAIG; Edward Doonan; Michael Weisman, Defendants-Appellees. No. 94-17120. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Perry McCullough appeals pro se the district court's denial as untimely of his Fed.R.Civ.P. 59(e) motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Carter v. United States, 973 F.2d 1479, 1488 (9th Cir.1992), and affirm. 3 The district court entered judgment in this case on September 26, 1994. Excluding the date of entry of judgment, and intermediate Saturdays, Sundays, and legal holidays pursuant to Fed.R.Civ.P. 6(a), the tenth day after the entry of judgment was October 11, 1994. McCullough's motion was untimely. See Fed.R.Civ.P. 59(e). Because the…