United States v. Rainbow


UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT

UNITED STATES OF AMERICA             
     Plaintiff-Appellee
           v.                           No. 96- 3501 

THE RAINBOW FAMILY, et al..
     Defendants-Appellants

APPELLEE'S MEMORANDUM CONCERNING APPELLATE JURISDICTION

1. According to the Notice of Appeal, appellant seeks review of the final judgment of the district court entered on August 20, 1996. The last timely filing date for a notice of appeal was October 21, 1996. Although the notice of appeal was mailed on October 20, it was not received by the district court until October 25, 1996.

2. "A notice of appeal is not considered filed with the district court under Rule 4(a) (1) until it is received by the court; mailing of the notice prior to expiration of the [time allowed] is insufficient." Thompson v. E.I. DuPont de Nemours & Co, Inc., 76 F.3d 530, 532 n.l (4th cir. 1996). [1]


[1 We are advised that appellant did not seek relief from the deadline under Fed. R. App. Pro. 4(a) (5)]

1

CONCLUSION

The notice of appeal is untimely and the appeal must be dismissed.

Respectfully submitted,

BARBARA C. BIDDLE

BRUCE G. FORREST
Attorneys, Civil Division
Appellate Staff -- Room 3338
Department of Justice
Washington, D.C 20530
(202) 514-3180

2

CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of this APPELLEES' MEMORANDUM CONCERNING APPELLATE JURISDICTION to be served upon the appellant Dro se as indicated below by causing a copy to be mailed, first class, this 26th day of November, 1996. I have caused this pleading to be transmitted to the Court for filing by Express Mail or other overnight delivery service.
William Thomas
Post Office Box 27217
Washington, D.C. 20038

BRUCE G. FORREST

Certificate of Interested Persons

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