Palo Alto Police Department v. Ricardo Jose Calderon Lopez

24-1999Court of Appeals for the Federal CircuitJul 25, 2024

Full text

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PALO ALTO POLICE DEPARTMENT,
Plaintiff-Appellee
v.
RICARDO JOSE CALDERON LOPEZ,
Defendant-Appellant
______________________
2024-1999
______________________
Appeal from the United States District Court for the
Northern District of California in No. 5:17-cv-02477-EJD,
Judge Edward J. Davila.
______________________
P ER CURIAM .
O R D E R
Ricardo Jose Calderon Lopez brought suit against the
Palo Alto Police Department in state court and then sought
to remove the case to federal court. On May 12, 2017, the
district court remanded the case to state court for lack of
subject matter jurisdiction. Mr. Calderon Lopez appealed
that decision to the United States Court of Appeals for the
Ninth Circuit, which, on June 16, 2017, dismissed for lack
of jurisdiction under 28 U.S.C. § 1447(d). On
June 17, 2024, Mr. Calderon Lopez filed a notice of appeal
Case: 24-1999 Document: 3 Page: 1 Filed: 07/25/2024

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PALO ALTO POLICE DEPARTMENT v. CALDERON LOPEZ 2
directed to this court seeking review of the “05/12/2017” de-
cision. ECF No. 1-2 at 1.
“[T]he timely filing of a notice of appeal in a civil case
is a jurisdictional requirement,” Bowles v. Russell, 551 U.S.
205, 214 (2007), and, in order to be timely, a notice of ap-
peal must generally be filed within 30 days after entry of
final judgment, 28 U.S.C. § 2107; Fed. R. App. P. 4. It has
been more than 10 years since the district court entered
final judgment. For at least that reason, we and any other
appellate court lack jurisdiction.
I T I S O RDERED T HAT :
(1) The appeal is dismissed, and any pending motions
are denied.
(2) Each party shall bear its own costs.
July 25, 2024
Date
F OR THE COURT
Case: 24-1999 Document: 3 Page: 2 Filed: 07/25/2024

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