Legal Opinion
James R. Silvia v. William E. Laurie, Etc.
Court of Appeals for the First Circuit
Decided March 21, 1979No. 78-1461PublishedCited by 15 opinions
1Per curiam
On October 11, 1978, the plaintiff, James R. Silvia, noticed his appeal from a district court judgment entered May 9, 1978, dismissing his action under 42 U.S.C. § 1983 for failure to raise a substantial federal question. As the defendants included officers of the United States prison system, the appeal should have been brought within sixty days of the day judgment was entered — i. e., by July 8, 1978. Fed.R. App.P. 4(a). The appeal, being untimely, must be dismissed.
Silvia urges that he was unable to comply with the provisions of Rule 4(a) because he did not receive notice of the district…
2Cases cited5 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. RobinsonSupreme Court of the United States · 1960
- Martinez v. TrainorCourt of Appeals for the Seventh Circuit · 1977
- Albert M. Spound v. Mohasco Industries, Inc., Albert M. Spound v. Mohasco Industries, Inc.Court of Appeals for the First Circuit · 1976
- Anthony F. Sisbarro v. Warden, Massachusetts State PenitentiaryCourt of Appeals for the First Circuit · 1979
3Cited by15 opinions
- Hattie Tanner v. Joan YukinsCourt of Appeals for the Sixth Circuit · 2015
- Gorman v. Abbott LaboratoriesDistrict Court, D. Rhode Island · 1986
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1999
- Donna Crossman v. Michael MacCoccioCourt of Appeals for the First Circuit · 1986
- Nichi Aki Senjuro v. Dr. MurrayCourt of Appeals for the Tenth Circuit · 1991
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