Court of Appeals for the Ninth Circuit October 19, 1995, 92-16517 (Mark Koch v. James G. Ricketts)

WIGGINS, Circuit Judge:

Mark Koch appeals from the district court’s ruling on remand that his original notice of appeal was untimely. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse on the ground of Federal Rule of Appellate Procedure 4(e).

I.

Background

Mark Koch was one of several Arizona state prisoners who sued prison officials under 42 U.S.C.