Overstreet

Overstreet v. Clark County School District

Good Law
124 F. App'x 576
United States Court of Appeals for the Ninth CircuitMarch 18, 2005No. 03-16456California664 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant E. Louis Overstreet (“Over-street”) appeals the district court’s grant of summary judgment in favor of his employer, Clark County School District (“District”), in his action alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 and age discrimination in violation of the Age Discrimination in Employment Act (ADEA). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing the district court’s decision de novo, see Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003), we affirm.

The District contends that we lack jurisdiction to consider the district court’s grant of summary judgment on Over-street’s race discrimination claim because Overstreet filed his appeal beyond 30 days after the entry of that judgment, see Fed. R.App. P. 4(a)(1)(A) (providing that a notice of appeal must be filed within 30 days after the entry of the judgment or order appealed from), and his notice of appeal failed to state that he was appealing that ruling, see Fed. R.App. P. 3(e)(1)(B) (requiring a notice of appeal to “designate the judgment, order, or part thereof being appealed”). We disagree. First, because the district court…

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