Glendora

Glendora v. Anderson

Good Law
55 F. App'x 470
United States Court of Appeals for the Ninth CircuitJanuary 24, 2003No. 02-15608; D.C. No. CV-01-01400-PMPCalifornia358 words

Opinion

Lead Opinion

AMENDED MEMORANDUM **

Glendora appeals pro se the district court’s judgment dismissing her action for lack of venue and its order denying relief from judgment. Because Glendora filed her Fed.R.Civ.P. 60(b) motion 25 days after the entry of judgment, we have jurisdiction only to review the March 8, 2002 order. See Fed. R.App. P. 4(a)(4)(A)(vi). We affirm.

The Nevada district court dismissed the action for lack of venue because the proper venue for bringing this action is the state of New York. The plaintiffs motion for relief from judgment, filed more than 10 business days after entry of judgment, did not toll the 30 day period in which to appeal the underlying judgment. See Fed. R.App. P. 4(a)(1)(A) & 4(a)(4)(A)(vi); Fed. R.Civ.P. 6(a); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir.1993). However, because the plaintiff timely filed her notice of appeal within 30 days of the district court’s order denying her post-judgment motion, we may review that order. See Am. Ironworks & Erectors, Inc. v. N. Am. Const. Corp., 248 F.3d 892 , 898 (9th Cir.2001) (concluding amended notice of appeal timely as to order denying reconsideration pursuant to Rule 60(b)).

The district court did not…

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