Eaton v. Jamrog

RYAN, Circuit Judge.

This appeal from a grant of summary judgment in a prisoner civil rights case presents the question whether a district court has discretion to vacate and reenter a judgment for the sole purpose of enabling a party to make an otherwise untimely appeal timely.

Because we find the district court erred, and that this court therefore lacks appellate jurisdiction, we shall dismiss this appeal without addressing plaintiffs’ assignments of error.

I

Plaintiffs’ suit arises from a “lock down” and search conducted at the Cotton Prison Facility in Jackson, Michigan, on September 11, 1987.…