Theron Lynch v. Napa State Hospital

FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
THERON N. LYNCH, No. 10-15463
Plaintiff - Appellant, D.C. No. 4:08-cv-05206-PJH
v.
MEMORANDUM *
NAPA STATE HOSPITAL; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Theron N. Lynch, a former detainee at Napa State Hospital, appeals pro se
from the district court’s judgment dismissing without prejudice for failure to serve
the summonses and complaint properly under Fed. R. Civ. P. 4 his 42 U.S.C.
§ 1983 action alleging constitutional violations. We consider sua sponte whether
*
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).
we have jurisdiction over this appeal, Hostler v. Groves, 912 F.2d 1158, 1160 (9th
Cir. 1990), and we dismiss.
Lynch’s notice of appeal was untimely because it was filed more than thirty
days after the district court entered judgment. See Fed. R. App. 4(a)(1)(A).
Accordingly, we lack jurisdiction over this appeal. See 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.”).
DISMISSED.
2 10-15463