Fleming v. Clark (In Re Luna)

PER CURIAM: *

Fleming’s notice of appeal was not timely. In civil cases, a notice of appeal must be filed with the district clerk within thirty days after the order appealed from is issued. FED. R.App. P. 4(a)(1)(A). If one of the parties to the suit is the United States or its officer or agency, then the time period for filing an appeal is extended to sixty days. FED. R.App. P. 4(a)(a)(B). 'The government argues that it is not actually a party to the suit, and that the thirty-day deadline should apply. However, even under the sixty-day deadline, Fleming’s notice of appeal was not timely. The…