Cruz

MEMORANDUM *

Gregorio Cruz appeals from the district court’s dismissal of his 42 U.S.C. § 1983 action.

We consider the timeliness of an appeal sua sponte. Hostler v. Groves, 912 F.2d 1158, 1160 (9th Cir.1990). A notice of appeal is timely when filed “within 30 days after the judgment or order appealed from is entered.” Fed. R.App. Proc. 4(a)(1)(A). If, however, a party timely files a tolling motion, “the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion.” Fed. R.App. Proc. 4(a)(4)(A). A motion for reconsideration that is not filed within 10 days of the entry of a final order does not toll the time to file an appeal under Rule 4(a)(4)(A)(iv). Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1462 (9th Cir.1992); Straw v. Bowen, 866 F.2d 1167, 1171 (9th Cir.1989).

The district court entered its order dismissing the action on February 12, 2002. The deadline for filing a timely motion for reconsideration (ie., one that would toll the time within which to file a notice of appeal) was thus February 27. 2 Cruz, however, did not file his motion for reconsideration until March 14. Thus, the motion was untimely and did…