[DOWNLOAD] "Hopkins v. United States" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Hopkins v. United States
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 23, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Order This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. A review of the record indicates that appellant's 28 U.S.C. § 225 motion to vacate, set aside and/or correct sentence was denied by order filed January 4, 1990. The judgment was entered January 17, 1990. A motion for reconsideration was served on January 10, 1990, which was within ten days after entry of the decision and is properly treated as a Fed. R. Civ. P. 59(e) time-tolling motion. See Craig v. Lynaugh, 846 F.2d 11, 13 (5th Cir. 1988). cert. denied, 109 S. Ct. 2436 (1989); Kennedy v. City of Cleveland, 797 F.2d 297, 305 (6th Cir. 1986), cert. denied, 479 U.S. 1103 (1987); Huff v. Metropolitan Life Ins. Co., 675 F.2d 119, 122 (6th Cir. 1982). A notice of appeal was filed January 16, 1990. Fed. R. App. P. 4(a)(4) provides that a notice of appeal filed before the disposition of a timely Rule 59 motion shall have no effect. A timely notice of appeal is mandatory and jurisdictional. Osterneck v. Ernst & Whinney, 489 U.S. 169 (1989); Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982) (per curiam). A new notice of appeal must be filed after entry of the ruling on the motion for reconsideration.

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