Darryl Robinson v. Livingston

Sixth Circuit

Darryl Robinson v. Livingston

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 29, 2009

Docket09-1119

StatusPublished

This text of Darryl Robinson v. Livingston (Darryl Robinson v. Livingston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Darryl Robinson v. Livingston, (6th Cir. 2009).

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Opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0162p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X - DARRYL A. ROBINSON, - Plaintiff-Appellant, - - No. 09-1119 v. , > - - UNKNOWN LIVINGSTON, - Defendant-Appellee. N

Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 08-00964—Robert Holmes Bell, District Judge. Filed: April 29, 2009 Before: BOYCE F. MARTIN, JR., Circuit Judge. _________________ ORDER _________________ This court entered an order on February 6, 2009, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for failure to comply with Fed. R. App. P. 4(a). The appellant failed to respond. The documents before this court reflect that the decision of the district court was entered on December 12, 2008. The time for filing a notice of appeal runs from entry of the judgment. See Fed. R. App. P. 4(a)(1). Because no separate judgment was entered by the district court as required by Fed. R. Civ. P. 58(a)(1), the judgment is treated as filed 150 days after entry of the decision. See Fed. R. App. P. 4(a)(7)(A)(ii). Accordingly, the notice of appeal was timely filed on January 14, 2009. See Fed. R. App. P. 4(a), and 26(a). It is ordered that the show cause order is withdrawn.

ENTERED BY ORDER OF THE COURT

/s/ Leonard Green ___________________________________ Clerk

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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0162p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X - DARRYL A. ROBINSON, - Plaintiff-Appellant, - - No. 09-1119 v. , > - - UNKNOWN LIVINGSTON, - Defendant-Appellee. N

Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 08-00964—Robert Holmes Bell, District Judge. Filed: April 29, 2009 Before: BOYCE F. MARTIN, JR., Circuit Judge. _________________ ORDER _________________ This court entered an order on February 6, 2009, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for failure to comply with Fed. R. App. P. 4(a). The appellant failed to respond. The documents before this court reflect that the decision of the district court was entered on December 12, 2008. The time for filing a notice of appeal runs from entry of the judgment. See Fed. R. App. P. 4(a)(1). Because no separate judgment was entered by the district court as required by Fed. R. Civ. P. 58(a)(1), the judgment is treated as filed 150 days after entry of the decision. See Fed. R. App. P. 4(a)(7)(A)(ii). Accordingly, the notice of appeal was timely filed on January 14, 2009. See Fed. R. App. P. 4(a), and 26(a). It is ordered that the show cause order is withdrawn.

ENTERED BY ORDER OF THE COURT

/s/ Leonard Green ___________________________________ Clerk

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Darryl Robinson v. Livingston, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darryl-robinson-v-livingston-ca6-2009.