Douglas E. Baker v. Larry Raulie

This matter comes before us on motion of appellee Larry Raulie to dismiss for lack of jurisdiction the appeal brought by appellant Douglas Baker. Raulie contends that Baker failed to establish excusable neglect for his failure to file a timely notice of appeal. We agree, and accordingly grant the motion to dismiss.

I. Facts

Baker and Raulie, fellow employees at an Ohio meatpacking plant, were involved in a fight at work on January 13, 1987. On January 12, 1988 Baker filed this diversity action seeking damages for personal injury. On August 3, 1988 the district court entered summary judgment for…