Legal Opinion
Meral Smith v. Melvin H. Evans
Court of Appeals for the Third Circuit
Decided November 4, 1988No. 87-3761PublishedCited by 176 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal presents a technical question of appellate jurisdiction. Appellant, a prisoner acting pro se, filed an untimely Fed. R. Civ. P. 59(e) motion to alter or amend the district court’s judgment. Because only a timely Rule 59(e) motion will toll the time for appeal, we hold that the appeal, filed more than thirty days after the district court’s judgment, was untimely. We will therefore dismiss the appeal without reaching the merits. In arriving at this conclusion, we discuss and reject three possible exceptions to this jurisdictional rule, which…
2Cases cited29 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Thompson v. Immigration & Naturalization ServiceSupreme Court of the United States · 1964
24 more not listed; retrieve them via the Exa API.
3Cited by176 opinions
- Garvey v. VaughnCourt of Appeals for the Eleventh Circuit · 1993
- Raymond J. Van Skiver Alma L. Van Skiver v. United States of America and John DoesCourt of Appeals for the Tenth Circuit · 1992
- Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Manuel Lewis v. Richmond City Police Department, Director of Public Safety, City ManagerCourt of Appeals for the Fourth Circuit · 1991
- Schroeder v. McDonaldCourt of Appeals for the Ninth Circuit · 1995
171 more not listed; retrieve them via the Exa API.