United States First Circuit

Where nothing in the petitioner's actions suggest he would have properly appealed a 1987 dismissal of his habeas petition but for the fact that he believed no final judgment triggering the running of the time for appeal had issued, he was not prejudiced or misled by the lack of a separate document, and, in failing to raise issue for 14 years, waived separate document requirement of FRCP 58, making appeal untimely.

Appellate Information

• Decided 03/28/2002
• Published 03/28/2002

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and O'TOOLE, Jr. District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Thompson, with whom Thompson & Thompson, P.C., were on brief, for appellant.


• For Appellees:
  
• James J. Arguin, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.