United States Third Circuit

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Baker v. US, 08-2288

On a prisoner's pro se appeal of orders denying his untimely motions to reopen the time to take an appeal and his untimely motions for reconsideration of a prior order dismissing his Federal Tort Claims Act complaint, the judgment of the district court is affirmed, where: 1) the Third Circuit cannot relax the timing requirements for filing a motion to reopen the time to take an appeal under Federal Rule of Appellate Procedure 4(a)(6), even for prison delay, because those timing requirements are governed by a statute and are jurisdictional in nature; and 2) the delays the plaintiff complained of were not caused by prison officials, and therefore the plaintiff's untimely motions for reconsideration did not permit the Third Circuit to review the underlying dismissal order.

Appellate Information

  • Decided 02/13/2012
  • Published 02/13/2012

Judges

  • Rendell

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Alexander Bilus, Michael E. Robinson

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