Legal Opinion
Zavalidroga v. Cuomo
Court of Appeals for the Second Circuit
Decided December 19, 2014No. 13-2853-cvPublishedCited by 4 opinions
1Opinion of the Court
SUMMARY ORDER
Tomas Zavalidroga, pro se, appeals from an order entered by the District Court on June 26, 2013, denying his motion to reopen the time to file an appeal under Federal Rule of Appellate Procedure 4(a)(6). We assume the parties’ familiarity with the facts and record of the prior proceedings, to which we refer only as necessary to explain our decision to affirm.
Zavalidroga’s motion to reopen was made pursuant to 28 U.S.C. § 2107(c), but we agree that the District Court could construe the motion as one made under Rule 4(a)(6), which is functionally equivalent. See Bowles v. Russell,…
2Cases cited4 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Tracy v. FreshwaterCourt of Appeals for the Second Circuit · 2010
- Leonard Greene and Joyce Greene v. United StatesCourt of Appeals for the Second Circuit · 1994
- Communications Network International, Ltd. v. MCI WorldCom Communications, Inc. (In Re WorldCom, Inc.)Court of Appeals for the Second Circuit · 2013
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- Ramirez v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2019
- Reid v. United StatesDistrict Court, E.D. New York · 2021