Orr v. Plumb, No. 16-15014 (9th Cir. 2018)Annotate this Case
The Ninth Circuit dismissed defendant's appeal from the district court's judgment on a jury's special verdict in a 42 U.S.C. 1983 action. The panel held that the appeal was time-barred under 28 U.S.C. 2107, Federal Rule of Appellate Procedure 4, and Federal Rule of Civil Procedure 58. In this case, the district court never entered a separate judgment and thus Rule 58(c)'s alternative provision for entry of judgment kicked in after 150 days. Because defendant did not file his notice of appeal until more than 30 days later, his appeal was untimely.