Legal Opinion
Franklin v. McHugh
Court of Appeals for the Second Circuit
Decided October 30, 2015No. Docket No. 14-4096-cvPublishedCited by 10 opinions
1Opinion of the Court
SUSAN L. CARNEY, Circuit Judge.
In this action against John McHugh, Secretary of the United States Army, Luther Franklin seeks to appeal from the August 28, 2014 judgment of the United States District Court for the Eastern District of New York (Townes, J.) dismissing his complaint for lack of subject matter jurisdiction. The Secretary moves to dismiss the appeal for lack of appellate jurisdiction, contending that Franklin’s notice of appeal was untimely filed. Franklin cross-moves for leave to correct his brief to reflect the date on which he first attempted to file a notice of appeal, or, in…
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