United States v. Rainbow
UNITED STATES COURT OF APPEALS
ELEVENTH CIRCUIT
56 Forsyth Street, N.W. Atlanta, Georgia 30303
Miguel J. Cortez
In Replying Give Number Clerk
Of Case And Names of Part
November 13, 1996
MEMORANDUM TO COUNSEL OR PARTIES:
RE: 96-3501 USA v. Rainbow Family DC DKT NO.: 96-00183 CIV-J-20
NOTICE OF APPEAL FILED: October 25, 1996
After review of the district court docket entries, order and/or judgment appealed
from, and the notice of appeal, it appears that this court may lack jurisdiction over this
appeal. If it is determined that this court is without jurisdiction, this appeal will be
dismissed.
The parties are requested to simultaneously advise the court in writing within
fourteen (14) days from the date of this letter of their position regarding the
jurisdictional question(s) set forth on the attached page. An original plus three copies
of any response should be filed. The responses must include a Certificate of
Interested Persons and Corporate Disclosure Statement as described in Fed.R.App.P.
26.1 and the corresponding circuit rules. Requests for extensions of time to file a
response may not be entertained. Please do not address any other issues on appeal
at this time.
After fourteen (14) days, this court will consider any response(s) received and any
portion of the record that may be required to resolve the jurisdictional issue(s). If a
transcript has been ordered [See Fed.R.App.P. 10(b)l, it is appellant's responsibility
to make arrangements with the court reporter to postpone the preparation of the
transcript pending a determination of the jurisdictional issues, if this is desired. The
parties will be advised by this office of the court's determination and of any further
actions which may be required.
Sincerely,
MIGUEL J. CORTEZ Clerk
Reply To: Dwight Briggs (404) 331-3843
c: District Court Clerk JUR-1 (11/92)
1
NO. 96-3501
JURISDICTIONAL QUESTION(S)
Whether the notice of appeal was untimely because it was filed more than 60 days
after entry of the district court's order dismissing the case? Fed.R.App.P. 4(a)(l).
Order entered on docket: August 21, 1996
Notice of appeal filed in the district court: October 25, 1996
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