United States Third Circuit

Inmate's pro-se Notice of Appeal was not timely filed, and he failed to move to reopen the time to file an appeal; relief under both Appellate Rules 4(a)(5) and 4(a)(6) requires the filing of a motion, not just a notice of appeal; dismissed for lack of jurisdiction.

Appellate Information

• Argued 12/02/2003
• Decided 05/13/2004
• Published 05/13/2004

Judges

• ALITO, Circuit Judge., Before SLOVITER, ALITO, and FRIEDMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Charles R.A. Morse (argued), Jones Day, Washington, D.C., for Appellant.


• For Appellees:
  
• Kathleen M. Miller (argued), Smith, Katzenstein & Furlow, Wilmington, DE, for Appellee-John W. Nails., Stuart B. Drowos (argued), Delaware Department of Justice, Wilmington, DE, for Appellees-Loretta Young and the Family Court of Delaware in and for the County of New Castle.