Hawthorne v. Hurley

ORDER

MYRON H. THOMPSON, District Judge:

We are confronted in this case with the peculiar question of when a three-judge district court may dismiss an appeal of one of its orders to the United States Supreme Court. Plaintiffs have moved to dismiss defendants’ appeal to the Supreme Court of this court’s August 20, 1990 order,1 on the ground that defendants failed to file a jurisdictional statement within 60 days after filing their notice of appeal, as required by Supreme Court Rule 18.3.2 Supreme Court Rule 18.5 provides that this court “may dismiss” an appeal which “has not been docketed in…