Williene D. Davis; Willette D. Jacobs v. State of California

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIENE D. DAVIS; WILLETTE D.
JACOBS,
Plaintiffs-Appellants,
v.
STATE OF CALIFORNIA; SUPERIOR
COURT OF CALIFORNIA COUNTY OF
SACRAMENTO CLERK’S OFFICE, a state
agency,
Defendants-Appellees.
No. 18-15804
D.C. No. 2:05-cv-01723-MCE-
GGH
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Williene D. Davis and Willette D. Jacobs appeal pro se from the district
court’s order striking their motion to reopen the case. We have jurisdiction under
* 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
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-15804
28 U.S.C. § 1291. We review for an abuse of discretion. Ready Transp., Inc. v.
AAR Mfg., Inc., 627 F.3d 402, 403-04 (9th Cir. 2010). We affirm.
The district court did not abuse its discretion in striking plaintiffs’ post-
judgment motion to reopen because plaintiffs’ motion was filed twelve years after
the case was closed and the district court warned plaintiffs that no additional filings
would be accepted. See id. at 404 (district courts have inherent power to control
their docket, including power to strike items from the docket).
We lack jurisdiction to review the district court’s March 8, 2006 judgment
because plaintiffs failed to file a timely notice of appeal as to the judgment. See
Fed. R. App. P. 4(a)(1)(A), (a)(4)(A)(vi) (notice of appeal must be filed within 30
days after entry of judgment or order appealed from; Rule 60(b) motion must be
filed within 28 days of judgment to have tolling effect); Stephanie-Cardona LLC v.
Smith’s Food & Drug Ctrs., Inc., 476 F.3d 701, 703 (9th Cir. 2007) (“A timely
notice of appeal is a non-waivable jurisdictional requirement.”).
AFFIRMED.

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