Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Plaintiff sued, inter alia, landowner for allegedly improperly blocking plaintiff's right-of-way over landowner's property. The United States District Court for the District of Oregon, Michael R. Hogan, J., granted summary judgment to defendants and denied plaintiff's post-judgment motion to file third amended complaint. Plaintiff appealed. The Court of Appeals held that post-judgment motion to amend did not toll time for filing notice of appeal.
Appeal dismissed.
Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding.
Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
MEMORANDUM G.D. Massey appeals pro se the district court's summary judgment to defendants and denial of Massey's post-judgment motion to file a third amended complaint. Because Massey's motion to amend the complaint did not toll the time for filing a notice of appeal, his notice of appeal was untimely and we lack jurisdiction over this appeal. See Fed. R.App. P. 4(a)(4)(A); Browder v. Director, Dept. of Corr., 434 U.S. 257, 264-65, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). We therefore dismiss this appeal.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
DISMISSED.