Background
Darius Morris, a state prisoner proceeding pro se, filed a notice of appeal on September twenty-five, two thousand and twenty-five. He designated the district court’s order denying his Motion for Relief from Judgment as the subject of the appeal. However, the district court did not enter that specific order until October twenty-three, two thousand and twenty-five.
The court’s reasoning
The court held that the notice of appeal was not effective to bring up for review any appealable order because it was filed prior to the entry of the order denying the motion for relief from judgment. The court also determined it lacked jurisdiction to review the September eleven, two thousand and twenty-five mandate of this Court dismissing his earlier appeal. Furthermore, the notice was not timely to appeal the district court’s judgment entered on June twenty-four, two thousand and twenty-five, which was the last appealable ruling before the notice was filed.
What it means going forward
The appeal is dismissed, and all pending motions are denied as moot. The prisoner must ensure future notices of appeal are filed only after the district court has entered the order he wishes to challenge.
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