Ware

MEMORANDUM **

Michael R. Ware has filed pro se two appeals, both of which relate to a 1990 order and judgment of the Interior Board of Land Appeals (“IBLA”) finding his mining claims invalid. In No. 03-35758, Ware appeals the district court’s denial of his Fed.R.Civ.P. 60(b) motion for relief from the IBLA’s order and judgment. In No. 03-35868, Ware appeals the district court’s dismissal of his “counter and cross-claim” action for review of the IBLA’s decision invalidating his mining claim.

In case No. 03-35758, the government argues that this court lacks jurisdiction because Ward’s notice of appeal was untimely. Ward however contends that he did not receive notification of the district court’s minute order judgment until after the time to file a notice of appeal had expired, and that he filed his notice of appeal in a timely manner based upon the date of actual notice. Because the record does not establish that Ware was provided notice of the district court’s judgment, we hold that his appeal was timely filed and assume jurisdiction pursuant to 28 U.S.C. § 1291 . See Nguyen v. Southwest Leasing & Rental Inc., 282 F.3d 1061, 1067 (9th Cir.2002). We review for abuse of discretion…