Guy Lewis, Jr. v. United States Postal Serv., 840 F.2d 712 (9th Cir. 1988). · Go Syfert
Guy Lewis, Jr. v. United States Postal Serv., 840 F.2d 712 (9th Cir. 1988). Cases Citing This Book View Copy Cite
20 citation events (7 in the last 25 years) across 7 distinct courts.
Strongest positive: Ruiz v. Nevada Department of Corrections (nvd, 2023-11-22)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Ruiz v. Nevada Department of Corrections
D. Nev. · 2023 · confidence medium
Lewis v. U.S. Postal Service, 840 F.2d 712, 713 (9th Cir. 1988) (holding that a premature 18 Rule 59 motion which was filed “after the district court’s oral announcement of its decision but 19 before there was a written order or separate entry of judgment” is not ineffective).
cited Cited as authority (rule) Cassan Enterprises, Inc. Cmc Investments, Inc. Todd Investment Company, Plaintiffs-Appellees/cross-Appellants v. Dollar Systems, Inc. Dollar Rent-A-Car Systems, Inc. Pentastar Transportation Group, Inc., Defendants-Appellants/cross-Appellees
9th Cir. · 1997 · confidence medium
Lewis v. U.S. Postal Serv., 840 F.2d 712, 714 (9th Cir.1988); Cobb v. Miller, 818 F.2d 1227, 1237 (5th Cir.1987). 28 Dollar next argues that the motion to amend the injunction was untimely.
cited Cited as authority (rule) Donald Ray Abernathy v. United States
9th Cir. · 1992 · confidence medium
Allah v. Superior Court, 871 F.2d 887, 889 (9th Cir.1989) (citing Lewis v. United States Postal Serv., 840 F.2d 712, 713 (9th Cir.1988)).
discussed Cited as authority (rule) United States for the Use of Pippin, Norman, Dba: Pippin Grading & Paving v. J.R. Youngdale Construction Company, Inc., and Bishop Sheridan, Iii, Dba: Bishop III Demolition, United States for the Use of Pippin, Norman, Dba: Pippin Grading & Paving v. J.R. Youngdale Construction Company, Inc. Bishop Sheridan, Iii, Dba: Bishop III Demolition, and Lumbermen's Mutual Casualty
9th Cir. · 1991 · confidence medium
Lewis v. United States Postal Serv., 840 F.2d 712, 714 (9th Cir.1988) (per curiam). 10 Because Bishop failed to file a notice of appeal after the district court denied Lumbermen's Rule 59(e) motion, we lack jurisdiction over Bishop's appeal.
cited Cited as authority (rule) United States ex rel. Pippin v. J.R. Youngdale Construction Co.
9th Cir. · 1991 · confidence medium
Lewis v. United States Postal Serv., 840 F.2d 712, 714 (9th Cir.1988) (per curiam).
cited Cited as authority (rule) Marian Hollywood v. City of Santa Maria Dorothy Lyman Michael A. Maramonte Wayne Schwammel, (Two Cases)
9th Cir. · 1989 · confidence medium
See Fed.R.App.P. 4(a)(4); Acosta, 478 U.S. at 254 , 106 S.Ct. at 2877 ; Lewis v. United States Postal Serv., 840 F.2d 712, 714 (9th Cir.1988) (per curiam).
cited Cited as authority (rule) Al-Hakim Allah v. Superior Court of the State of California, Los Angeles County, R.A. Doeve, Real-Parties-In-Interest
9th Cir. · 1989 · confidence medium
Fed.R.App.P. 4(a)(4); Lewis v. United States Postal Service, 840 F.2d 712, 713 (9th Cir.1988).
cited Cited "see" Williams v. Cruise Ships Catering and Service International, NV
S.D. Fla. · 2004 · signal: see · confidence high
See Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689, 694 (M.D.Fla.1994) (quoting Lewis v. United States Postal Service, 840 F.2d 712 , 713 n. 1 (9th Cir.1988)).
cited Cited "see" Harold J. Rucker v. U.S. Postal Service Marvin T. Runyon, Jr., Postmaster General
9th Cir. · 1998 · signal: see · confidence high
See Lewis v. United States Postal Service, 840 F.2d 712 (9th Cir.1987)
cited Cited "see" Perry A. McCullough v. Glen Craig Edward Doonan Michael Weisman
9th Cir. · 1996 · signal: see · confidence high
See Lewis v. United States Postal Service, 840 F.2d 712 , 713 n. 1 (9th Cir.1988).
cited Cited "see" James B. Turner, Plaintiff-Counter-Defendant-Appellant v. Metro, Municipality of Metropolitan Seattle, Defendant-Counter-Claimant-Appellee
9th Cir. · 1993 · signal: see · confidence high
See Lewis v. U.S. Postal Service, 840 F.2d 712 , 713 n. 1 (9th Cir.1988).
discussed Cited "see, e.g." Rogers v. Howard
W.D. Wash. · 2025 · signal: see also · confidence medium
P. 58(a), (c)(2), 59(e); see also Lewis v. U.S. Postal 13 Serv., 840 F.2d 712, 713 (9th Cir. 1988) (holding that a premature Rule 59 motion which was filed 14 “after the district court’s oral announcement of its decision but before there was a written order or 15 separate entry of judgment” is not ineffective). 16 B.
cited Cited "see, e.g." Ovation Toys Co., Ltd. v. Only Hearts Club
9th Cir. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Lewis v. United States Postal Service, 840 F.2d 712, 713 (9th Cir. 1988); Calculators Hawaii, Inc. v. Brandt, Inc., 724 F.2d 1332, 1335 (9th Cir. 1983).
discussed Cited "see, e.g." Kor Xiong v. Marks (2×)
N.C. Ct. App. · 2008 · signal: see also · confidence medium
Rule 59 says that the motion must come ‘not later than 10 days after entry of the judgment.’ A pre-judgment motion satisfies this requirement.”); Douglas v. Union Carbide Corp., 311 F.2d 182, 184-85 (4th Cir. 1962) (“The wording of Rule 59(b) was designed to be broad enough to permit the motion to be made both before and after the entry of judgment.. . . [W]e think the defendant’s motion to set aside the verdicts and grant a new trial [made before entry of judgment] was timely made and was in substantial compliance with the pertinent Federal Rules of Civil Procedure.”); see also Le…
Retrieving the full opinion text from the archive…
Guy LEWIS, Jr., Plaintiff-Appellant,
v.
UNITED STATES POSTAL SERVICE, Defendant-Appellee
87-1783.
Court of Appeals for the Ninth Circuit.
Feb 29, 1988.
840 F.2d 712
John E. Jones, San Francisco, Cal., for plaintiff-appellant., Joseph E. Maloney, Asst. U.S. Atty., Sacramento, Cal., Joan C. Goodrich, Office of Labor Law, Washington, D.C., for defendant-appellee.
Alarcon, Norris, Leavy.
Cited by 17 opinions  |  Published
PER CURIAM:

In May, 1986, Lewis filed this Title VII action against the U.S. Postal Service. On November 21,1986, the district court orally denied Lewis’s motion to amend his complaint and dismissed the action for failure to name the Postmaster General as a defendant and properly serve the complaint. On December 17, 1986, Lewis filed a motion to reconsider, [1] which he had previously served on the defendant. A separate judgment was entered in accordance with Fed. R.Civ.P. 58 and 79(a) on January 14, 1987. Lewis filed a notice of appeal on March 9, 1987. On April 16, 1987, the district court filed an order denying Lewis’s motion to reconsider. Lewis did not file a new notice of appeal. This court issued an order to show cause why the appeal should not be dismissed for lack of jurisdiction under the authority of Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982) (notice of appeal filed while timely post-judgment motion is pending has no effect).

Relying on Agostino v. Ellmar Packing Co., 191 F.2d 576 (9th Cir.1951) (per curiam), Lewis argues in his response to the order to show cause that because his motion basically reargued the law supporting the district court’s dismissal, and did not add anything new by way of law or fact, the separate judgment entered on January 14, 1987, implicitly denied his motion. Thus, he concludes, Griggs is inapplicable and the notice of appeal was timely. However, in Calculators Hawaii, Inc. v. Brandt, Inc., 724 F.2d 1332, 1335 (9th Cir.1983), this court explained that Agostino requires an examination of the record and the judgment itself to determine whether the entry of separate judgment was intended to deny all pending motions. Such an examination in this case fails to reveal an implicit denial. Lewis’s motion contained the record in Rice v. Hamilton Air Force Base, 720 F.2d 1082 (9th Cir.1983), an argument that his case was factually similar to Rice, and an attempt to rebut the distinction of Rice from Lewis’s case made by the district judge at the November hearing. Nothing in the record or the January judgment reflects the district court’s consideration of these arguments. Further, the fact that the district court later held a hearing on the motion, and issued an order denying it, weighs heavily against finding an implicit denial in the January judgment. See Calculators, Hawaii, Inc., 724 F.2d at 1335.

The only other credible argument which might be raised to save Lewis’s appeal [2] is that, because Lewis made the Rule 59 motion to reconsider after the district court’s oral announcement of its decision but before there was a written order or separate entry of judgment, the motion was ineffective because it was premature. Language from Wood v. Coast Frame Supply, Inc., 779 F.2d 1441, 1442-43 (9th Cir.1986) (order) amended 791 F.2d 802 (9th Cir.1986) provides some support for the argument. However, a close reading of the facts in Wood, 779 F.2d at 1442, and[*714] the amendment to the order in the case, 791 F.2d 802, makes clear that the problem in Wood was uncertainty as to whether the district judge had disposed of all of Woods’ claims, rather than the lack of a written order or separate entry of judgment. Otherwise, as applied to a Rule 59 motion, the language in Wood conflicts with Calculators Hawaii, Inc., 724 F.2d at 1335 (Rule 52(b) motion made after court indicates action it will take but before entry of judgment is timely). [3]

The Rule 59 motion was timely. Lewis was required to file a new notice of appeal after the district court’s entry of the order disposing of the motion. His failure to do so deprives this court of jurisdiction. Griggs 459 U.S. at 61, 103 S.Ct. at 403. The appeal is dismissed.

1

. The motion to reconsider was appropriately brought under Fed.R.Civ.P. 59(e). See Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir.1985); Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir.1983). There is no reason, on this record, to construe the motion as having been brought under Fed.R.Civ.P. 60(b) because there was no attempt to show extraordinary circumstances or any other ground for relief specified in Rule 60(b). See Backland, 778 F.2d at 1388. Thus, Lewis does not and cannot contend that the motion was brought under Rule 60(b).

2

. Lewis has not timely filed any other document in this court or the district court which might be construed as a notice of appeal. See Rabin v. Cohen, 570 F.2d 864 (9th Cir.1978).

3

. As applied to the filing of a notice of appeal, the language in Wood also conflicts with Fed.R. App.P. 4(a)(2) (notice of appeal filed after announcement but before entry of separate judgment effective on date of entry); Bankers Trust Co. v. Mallis, 435 U.S. 381, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978) (separate entry of judgment is not a jurisdictional prerequisite and can be waived); and Acosta v. Louisiana Dept. of Health and Human Resources, 478 U.S. 251, 106 S.Ct. 2876, 92 L.Ed.2d 192 (1986) (in case involving oral denial of post-judgment motion, court states "the general rule [is] that a notice of appeal filed after the announcement of an order but before its entry in the docket will be deemed timely.")