Background
Michael Villecco filed an appeal in the United States Court of Appeals for the Tenth Circuit against Darcy Renee Kennedy and other officials from the Colorado Department of Labor and Employment. The underlying case originated in the District of Colorado.
The court’s reasoning
The court found that the appellant had not filed an entry of appearance or an Appellant’s opening brief, which are mandatory filings to prosecute an appeal. Additionally, the court noted that official mail sent to the appellant was returned as undelivered. The court emphasized that it is the party’s obligation to update a change of address, citing Tenth Circuit Rule forty-six point one, subsection C. Consequently, the court determined that the appeal must be dismissed for failure to prosecute pursuant to Tenth Circuit Rule forty-two point one.
What it means going forward
The dismissal terminates the appellate proceedings without a decision on the merits of the underlying claims. The appellant bears the responsibility for ensuring their contact information is current with the court.