Legal Opinion
Lizardo v. United States
Court of Appeals for the Third Circuit
Decided August 10, 2010No. 08-2044PublishedCited by 47 opinions
1Opinion of the Court
OPINION
(August 10, 2010)
SMITH, Circuit Judge
Juan Francisco Lizardo was convicted of various drug crimes in the District of the Virgin Islands. He later petitioned for relief under 28 U.S.C. § 2255. The District Court denied his petition and he sought and received a certificate of appealability to this Court.1 Three issues were *830certified for appeal, but the first is dispositive: whether Lizardo’s untimely motion for reconsideration, see FED. R. Civ. R 59(e), tolled the time for filing a notice of appeal, see Fed. R. App. P. 4(a)(4)(A).2
Rule 59(e)3 is a claim-processing rule. Accordingly, a…
2Cases cited15 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Kontrick v. RyanSupreme Court of the United States · 2004
- Eberhart v. United StatesSupreme Court of the United States · 2005
- Schacht v. United StatesSupreme Court of the United States · 1970
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3Cited by47 opinions
- Mobley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2015
- Jeffrey Wiest v. Thomas LynchCourt of Appeals for the Third Circuit · 2013
- State National Insurance v. County of CamdenCourt of Appeals for the Third Circuit · 2016
- Tina Wallace v. FedEx CorporationCourt of Appeals for the Sixth Circuit · 2014
- Long v. Atlantic City Police DepartmentCourt of Appeals for the Third Circuit · 2012
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