Casares

Casares v. Antonovich

Good Law
104 F. App'x 1
United States Court of Appeals for the Ninth CircuitJune 16, 2004No. 03-55232; D.C. No. CV-99-07817-TJHCalifornia488 words

Opinion

Lead Opinion

MEMORANDUM ***

Joe Casares appeals the district court’s order, entered on January 24, 2000, which dismissed the complaint against Los Ange-les County and Sheriff LeRoy Baca for unlawful over-detention of Casares in the Los Angeles County jail. We dismiss the appeal for lack of jurisdiction, because Ca-sares failed to appeal within thirty days after the entry of judgment.

Rule 4 of the Federal Rules of Appellate Procedure requires that an appeal must be filed thirty days after the entry of judgment. Fed. R.App. P. 4(a)(1)(A). Entry of judgment occurred in this case on July 2, 2002, when the district court entered an order amending its February 27, 2002, summary judgment order. By this amendment, all the defendants in the com *2 plaint were dismissed. Because the amended judgment revised legal rights and obligations, the time to file an appeal began to run from the day the amended judgment was entered. See United States v. Antonie, 953 F.2d 496 , 497 n. 1 (9th Cir.1991) (quoting FTC v. Minneapolis-Honeywell Regulator Co., 344 U.S. 206, 212 , 73 S.Ct. 245 , 97 L.Ed. 245 (1952)).

Casares’s notice of appeal on January 23, 2003, came nowhere near the thirty-day filing deadline. His…

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