Harold Correos; Rosemarie Correos v. Wells Fargo Bank, Na

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAROLD CORREOS; ROSEMARIE
CORREOS,
Plaintiffs - Appellants,
v.
WELLS FARGO BANK, NA,
Defendant - Appellee.
No. 13-16496
D.C. No. 2:12-cv-00556-JCM-
NJK
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Harold and Rosemarie Correos appeal pro se from the district court’s
summary judgment in their action arising from foreclosure proceedings. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo our own jurisdiction,
FILED
JUL 31 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot
Springs), 339 F.3d 782, 787 (9th Cir. 2003), and for an abuse of discretion the
district court’s decisions regarding management of litigation, Preminger v. Reake,
552 F.3d 757, 769 n.11 (9th Cir. 2008). We affirm in part and dismiss in part.
The district court did not abuse its discretion in striking as moot the
Correses’ untimely oppositions to summary judgment. See S. Cal. Edison Co. v.
Lynch, 307 F.3d 794, 807 (9th Cir. 2002) (“District courts have ‘inherent power’ to
control their dockets.” (citation omitted)).
We lack jurisdiction to review the district court’s underlying judgment
because the Correoses did not file a timely notice of appeal, or a timely post-
judgment tolling motion. See Fed. R. App. P. 4(a)(1)(A) (notice of appeal must be
filed within 30 days after entry of judgment); 4(a)(4)(A) (time for filing a notice of
appeal may be extended where party files enumerated tolling motion); Bowles v.
Russell, 551 U.S. 205, 214 (2007) (“[T]he timely filing of a notice of appeal in a
civil case is a jurisdictional requirement,” and “this court has no authority to create
equitable exceptions[.]”).
Wells Fargo Bank’s request for a decision, filed February 11, 2015, is
granted.
AFFIRMED in part; DISMISSED in part.
13-16496 2

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