Alan M. Herzberg v. State of Indiana, James S. Vanderbeck, Judge, Jeffery W. Wible
This text of 429 F.3d 651 (Alan M. Herzberg v. State of Indiana, James S. Vanderbeck, Judge, Jeffery W. Wible) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
On consideration of the papers filed in this appeal and review of the short record,
IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction.
Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a civil case be filed in the district court within 30 days of the entry of the judgment or order appealed. In this case judgment was entered on July 1, 2005, and the notice of appeal was filed on September 6, 2005, over one month late. The district court has not granted an extension of the appeal period, see Rule 4(a)(5), and this court is not empowered to do so, see Fed. R.App. P. 26(b). The motion to reconsider (filed on July 25, 2005) did not toll the time to appeal because the motion was not filed within 10 business days of entry of judgment.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
429 F.3d 651, 2005 U.S. App. LEXIS 23561, 2005 WL 2840429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alan-m-herzberg-v-state-of-indiana-james-s-vanderbeck-judge-jeffery-ca7-2005.