Ronald Johnson, Plaintiff-appellant, v. City and County of San Francisco; United Public Employeesunion, Local 790, Defendants-appellees, 51 F.3d 280 (9th Cir. 1995)

MEMORANDUM^** 

Ronald Johnson appeals pro se the district court's rulings regarding a settlement agreement he reached with the City and County of San Francisco. We dismiss the appeal for lack of jurisdiction.

On September 23, 1993, Johnson entered into a settlement agreement with the City in which he stipulated to the dismissal of his pending suits against the City. He subsequently sought to challenge how funds were to be disbursed under the agreement. The district court entered an order approving the agreement and concluding that settlement payments were subject to debt collection on March 16, 1994. Johnson did not file a notice of appeal until May 2, 1994. This was clearly more than 30 days after entry of the order Johnson seeks to appeal. As such, it was untimely. Fed. R. App. P. 4(a). "The timely filing of the notice of appeal is mandatory and jurisdictional." Wallace v. Chappell, 637 F.2d 1345, 1346 (9th Cir. 1981) (en banc); accord Browder v. Director, Dept. of Corrections, 434 U.S. 257, 264 (1978). We therefore lack jurisdiction.

APPEAL DISMISSED.