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- ilnd;;1:05-cv-01448_de40 RegisterActionDate "2008-09-30" @default.
- ilnd;;1:05-cv-01448_de40 RegisterActionDescriptionText "MANDATE of USCA dated 8/8/08 regarding notice of appeal 33 ; USCA No. 08-2569; IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction. Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a civil case in which the United States is a party be filed in the district court within 60 days of the entry of the judgment or order appealed. In this case judgment was entered on December 7, 2006, and re-entered on June 29, 2007. But the district court had no authority to re-enter the judgment. Rule 4(a)(6) of the Federal Rules of Appellate Procedures permits the district court to "re-open" the time to appeal (not to "re-enter" judgment) for a period of 14 days if an appellant has not received notice of the court's final decision, as appellant claims here. But certain conditions must be established. Nothing in the district court's order of June 29, 2007, however, suggests they were. Even so, the notice of appeal (actually, a paper captioned "Request for Certificate of Appealability" which the district court treated as a notice of appeal) was filed on October 16, 2007, over one month late as to the re-entered judgment. (Poor Quality Original - Paper Document on File) (kj, ) (Entered: 10/02/2008)" @default.
- ilnd;;1:05-cv-01448_de40 AdministrativeID "41" @default.
- ilnd;;1:05-cv-01448_de40 OntologyLabel dismissal_other @default.
- ilnd;;1:05-cv-01448_de40 OntologyLabel order @default.
- ilnd;;1:05-cv-01448_de40 hasReferenceToOtherEntry ilnd;;1:05-cv-01448_de30 @default.