Torricellas

Torricellas v. Davidson

Good Law
279 F. App'x 504
United States Court of Appeals for the Ninth CircuitMay 22, 2008No. 06-56499California385 words

Opinion

Lead Opinion

California state prisoner Theresa Annette Torricellas appeals pro se from the district court’s denial of her motion for *505 reconsideration of its order denying her 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo, Henderson v. Lampert, 396 F.3d 1049, 1052 (9th Cir.2005), and we affirm.

We lack jurisdiction to entertain any contention relating to the district court’s August 2, 2006, judgment denying Torricellas’s 28 U.S.C. § 2254 petition because she did not file her notice of appeal until October 16, 2006, well after the 30-day period for filing a notice of appeal had expired. See Fed. R.App. P. 4(a)(1)(A) (establishing a 30-day period for filing a notice of appeal in a civil case). Because Torricellas filed her motion for reconsideration 11 court days after the district court entered judgment, the motion did not toll the time for filing a notice of appeal. See Fed. R.App. P. 4(a)(4); Fiester v. Turner, 783 F.2d 1474, 1475 (9th Cir.1986). Respondent’s failure to object to the untimely filing of the motion itself does not excuse the untimely filing of her notice of appeal of the August 2, 2006, judgment. See id. at 1475-76…

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