Robinson v. Livingston

Sixth Circuit

Robinson v. Livingston

565 F.3d 343, 2009 U.S. App. LEXIS 9012, 2009 WL 1139339

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 29, 2009

Docket09-1119

StatusPublished

This text of 565 F.3d 343 (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.

Bluebook

Robinson v. Livingston, 565 F.3d 343, 2009 U.S. App. LEXIS 9012, 2009 WL 1139339 (6th Cir. 2009).

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Opinion

ORDER

This court entered an order on February 6, 2009, directing the appellant to show cause within twenty-one days why the ap *344 peal 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It is ordered that the show cause order is withdrawn.

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ORDER

This court entered an order on February 6, 2009, directing the appellant to show cause within twenty-one days why the ap *344 peal 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It is ordered that the show cause order is withdrawn.

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Bluebook (online)

565 F.3d 343, 2009 U.S. App. LEXIS 9012, 2009 WL 1139339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-livingston-ca6-2009.