Unpublished Disposition, 914 F.2d 262 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 914 F.2d 262 (9th Cir. 1989)

Bruce DRAKE, Plaintiff-Appellant,v.COUNTY OF KERN, et al. Defendants-Appellees.

No. 89-15781.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 18, 1990.* Decided Sept. 21, 1990.

Before GOODWIN, Chief Judge, and HUG and BEEZER, Circuit Judges.

MEMORANDUM** 

Bruce Drake appeals pro se the district court's dismissal of his civil rights action against Kern County and numerous state defendants. We do not reach the merits of this appeal because Drake failed to perfect his appeal under Rule 4(a) of the Federal Rules of Appellate Procedure.

The district court's order dismissing this action was entered on March 29, 1989. Drake filed a motion for clarification on May 11, 1989, which the district court granted on May 19, 1989, confirming its intention to dismiss the entire action by its March 29 order. Drake filed his notice of appeal on June 7, 1989.

We find that the district court's March 29, 1989 order conclusively dismissed this action in its entirety. Because Drake's notice of appeal was filed more than thirty days after entry of judgment, and no timely post-judgment motion was filed, see Fed. R. App. P. 4(a) (4), this appeal is dismissed for lack of jurisdiction. See Fed. R. App. P. 4(a) (1).

DISMISSED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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