Garland A. Jones v. Tolson;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GARLAND A. JONES,
Plaintiff-Appellant,
v.
TOLSON; et al.,
Defendants-Appellees.
No. 17-17060
D.C. No. 1:15-cv-01037-MJS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Michael J. Seng, Magistrate Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Garland A. Jones, a California state prisoner, appeals pro se from the
magistrate judge’s order denying his motion for relief from judgment. We dismiss
this appeal for lack jurisdiction because Jones failed to appeal timely from the
magistrate judge’s order denying his motion for relief from judgment. See Fed. R.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-17060
App. P. 4(a)(1)(A); Bowles v. Russell, 551 U.S. 205, 209 (2007) (timely notice of
appeal is mandatory and jurisdictional); see also Fed. R. App. P. 4(c)(1) (inmate’s
notice of appeal is deemed filed when deposited in the institution’s internal mail
system if accompanied by supporting declaration or evidence); Houston v. Lack,
487 U.S. 266, 273 (1988) (pro se prisoner’s notice of appeal is deemed filed when
delivered to the prison authorities for forwarding to the court).
DISMISSED.

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