For some reason I can not discover, I had thought it had already been appealed.
Looking at the
Eastern District docket, there are no documents indicating that, so evidently I was wrong.
If something may have been submitted to the 9th Circuit, I can't see it - no Pacer account.
The rule is
Quote:
Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the
notice of appeal required by Rule 3 must be filed with the district clerk
within 30 days after the entry of judgment or order appealed from.
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Opinion was August 25, so September 25 would be the unmodified date for filing; requests to the Court might change that time.