What is the effect of a notice of appeal filed before a decision on a motion to appeal is made?
MultiRegion, United States of America
The following excerpt is from Bagha v. U.S., 902 F.2d 1578 (9th Cir. 1990):
Here, Bagha filed his notice of appeal on September 13, 1989. This was three weeks before the district court announced its decision to deny his motion and entered its order stating the same on October 5, 1989. A premature notice of appeal such as this leaves us without jurisdiction to hear this appeal. See Hollywood v. City of Santa Maria, 886 F.2d 1228, 1230 (9th Cir.1989) (notice of appeal filed before decision on new trial motion is without effect). Accordingly, we dismiss this appeal.
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