judgment dismissing Toalepai’s habeas petition. Applying the prison mailbox rule articulated in Houston v. Lack, 487 U.S. 266, 275-76, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), we determine that Toalepai filed his notice of appeal on April 15, 2000. Accordingly, Toalepai’s petition filed more than 30 days from the entry of judgment fails to confer appellate jurisdiction upon this Court. See Fed. R.App. P. 4(a)(1) (notice of appeal from a district court’s judgment in a civil case must be filed within thirty days of the date of judgment); see also Malone v. Avenenti, 850 F.2d 569, 571 (9th Cir.1988) (<HOLDING>). DISMISSED. ** This disposition is not
holding that an appeal from a denial of a habeas petition is considered a civil matter and is therefore subject to the time limitations in fed rapp p 4a holding in a preaedpa context that a rule 60b motion is the practical equivalent of a successive habeas corpus petition and therefore is subject to a cause and prejudice analysis holding that the statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived holding that a california habeas petition is timely if filed within a reasonable time holding that the limitations period is not tolled while a federal habeas petition is pending