United States v. Rainbow
UNITED STATES COURT OF APPEALS
ELEVENTH CIRCUIT
UNITED STATES OF AMERICA
Plaintiff-Appellee
v. No. 96- 3501
THE RAINBOW FAMILY, et al..
Defendants-Appellants
APPELLEE'S MEMORANDUM CONCERNING APPELLATE JURISDICTION
1. According to the Notice of Appeal, appellant seeks review
of the final judgment of the district court entered on August 20,
1996. The last timely filing date for a notice of appeal was
October 21, 1996. Although the notice of appeal was mailed on
October 20, it was not received by the district court until
October 25, 1996.
2. "A notice of appeal is not considered filed with the
district court under Rule 4(a) (1) until it is received by the
court; mailing of the notice prior to expiration of the [time
allowed] is insufficient." Thompson v. E.I. DuPont de Nemours &
Co, Inc., 76 F.3d 530, 532 n.l (4th cir. 1996). [1]
[1 We are advised that appellant did not seek relief from
the deadline under Fed. R. App. Pro. 4(a) (5)]
1
CONCLUSION
The notice of appeal is untimely and the appeal must be
dismissed.
Respectfully submitted,
BARBARA C. BIDDLE
BRUCE G. FORREST
Attorneys, Civil Division
Appellate Staff -- Room 3338
Department of Justice
Washington, D.C 20530
(202) 514-3180
2
CERTIFICATE OF SERVICE
I hereby certify that I have caused a copy of this
APPELLEES' MEMORANDUM CONCERNING APPELLATE JURISDICTION
to be served upon the appellant Dro se as indicated below by
causing a copy to be mailed, first class, this 26th day of
November, 1996. I have caused this pleading to be transmitted to
the Court for filing by Express Mail or other overnight delivery
service.
William Thomas
Post Office Box 27217
Washington, D.C. 20038
BRUCE G. FORREST
Certificate of Interested Persons
Case Contents | Rainbow Cases | Rainbow Regulation Page
Rainbow Home Page