Background
Clive Richards, proceeding pro se, filed a complaint under Section forty-two of the United States Code, Section one thousand nine hundred and eighty-three, alleging due process violations. The district court entered judgment dismissing the complaint on October sixteenth, two thousand and twenty-five. On November fifth, the district court issued a letter order denying Richards’s request to waive PACER fees. Richards filed a notice of appeal on December eighth, two thousand and twenty-five.
The court’s reasoning
The court concluded it lacked jurisdiction to review the October sixteenth judgment because the notice of appeal was untimely. Under Section twenty-one hundred and seven of Title twenty-eight and Rule four of the Federal Rules of Appellate Procedure, Richards had until November seventeenth to appeal the October judgment. Since the notice was filed on December eighth, it could not invoke appellate jurisdiction. The court cited Green versus Drug Enforcement Administration for this proposition.
What it means going forward
The appeal regarding the dismissal of the civil rights complaint is terminated, leaving the district court’s October judgment in place. The jurisdictional issue regarding the November letter order remains pending for future resolution.