Unpublished Disposition, 922 F.2d 845 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 922 F.2d 845 (9th Cir. 1990)

David Otis SMITH, aka David P. McCaslin, Plaintiff-Appellant,v.Charles O. PORTER, Defendant-Appellee.

No. 90-35336.

United States Court of Appeals, Ninth Circuit.

No. Jan. 8, 1991.

Before FARRIS, K.K. HALL and KOZINSKI, Circuit Judges.

MEMORANDUM** 

We have no jurisdiction over this appeal. The district court entered its judgment on May 2, 1990. CR 32. The appellant failed to file a notice of appeal within 30 days, or at any time thereafter. FRAP 4(a) (1). Appellant's earlier notice of appeal, filed after the magistrate issued his findings and recommendation on March 29, 1990, but before the district court announced its decision on April 25, 1990, CR 31, was premature and therefore of no effect.

DISMISSED.

 *

The panel unanimously finds this case suitable for decision 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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