Melendres v. Maricopa County

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Procedure
  • Date Filed: 03-07-2016
  • Case #: 15-15996
  • Judge(s)/Court Below: Circuit Judge Wallace for the Court; Circuit Judges Graber and Berzon
  • Full Text Opinion

28 U.S.C. § 2107(a) and Rule 4(a) require appeals to be filed within thirty days of entry of the order appealed.

Manuel Melendres and others filed a class action against Maricopa County, Maricopa County Sheriff’s Office (MCSO), and Sheriff Arpaio for racial profiling in violation of federal law. The parties stipulated to dismiss Maricopa County without prejudice. The stipulation included a clause that Maricopa County could be rejoined if “necessary to obtain complete relief”. The Ninth Circuit entered a permanent injunction against MCSO and Sheriff Arpaio. MCSO sought to be dismissed as an improper party. The panel dismissed MCSO and substituted Maricopa County. In May 2015, Maricopa County appealed four district court orders entered between 2011 and 2014 in which Maricopa County had been substituted for MCSO. The panel held that 28 U.S.C. § 2107(a) and Rule 4(a) require appeals to be filed within thirty days of entry of the order appealed. Appeals filed outside of that window will be dismissed as untimely because no court will have jurisdiction to hear the appeal. Because Maricopa County filed the appeal years after entry, the panel dismissed for lack of jurisdiction. DISMISSED.

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