ASHFORD v. STEUART

No. 80-3033.

657 F.2d 1053 (1981)

Edward A. ASHFORD, Plaintiff-Appellant, v. Charles STEUART, Don Erby, Ray Beaman, Steve Stedfelt, and Maynard Ross, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1981.


Attorney(s) appearing for the Case

Edward A. Ashford, in pro. per.

Robert R. Gates, Boise, Idaho, for defendants-appellees.

Before BROWNING, Chief Judge, and PREGERSON and BOOCHEVER, Circuit Judges.


PER CURIAM:

Plaintiff failed to file a notice of appeal within thirty days of the order denying leave to file his complaint in forma pauperis. We therefore have no jurisdiction to consider the merits of that ruling. Fed.R.App.P. 4(a). However, we do have jurisdiction to consider the denial of plaintiff's motion for reconsideration under Fed.R.Civ.P. 60(b) since plaintiff's motion for leave to appeal in forma pauperis was filed within thirty days after denial of this...

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