Sanowski

Sanowski v. Ford Motor Credit Co.

Good Law
59 F. App'x 988
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 02-35191; D.C. No. CV-98-00358-RHWCalifornia440 words

Opinion

Lead Opinion

MEMORANDUM **

Mary K. Sanowski appeals pro se the district court’s orders denying her (1) motion for reconsideration of its previous order dismissing her action alleging breach of contract and consumer fraud, and (2) motion for an extension of time in which to file a notice of appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 over the district court’s order denying an extension of time to file a notice of appeal. We review for an abuse of discretion, Nunley v. City of Los Angeles, 52 F.3d 792, 794 (9th Cir.1995), and we dismiss the appeal in part and affirm in part.

The district court did not abuse its discretion by denying Sanowski’s motion for an extension of time to file a notice of appeal. The fact that Sanowski was traveling for several weeks and therefore did not receive her mail was not sufficient to establish good cause for an extension. See Fed. R.App. P. 4(a)(5)(A). In addition, we reject Sanowski’s contention that her notice of appeal was timely pursuant to Fed. R.App. P. 4(a)(1)(B) because the trustee in Sanowski’s bankruptcy case is not a party to this action.

We also reject Sanowski’s contention that she timely appealed from the district court’s denial…

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