(Download) "Bell v. United States Post Office" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Bell v. United States Post Office
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
BEFORE: MARTIN, JONES and CONTIE, Circuit Judges Order The plaintiff appeals the order dismissing his pro se complaint for failure to state a basis for federal jurisdiction thereover. The government now moves for dismissal of the appeal on two grounds: (1) this Court lacks subject matter jurisdiction; and (2) the notice of appeal was untimely. The motion was referred to this panel pursuant to Rule 9(a), Rules of the Sixth Circuit. Although the district court found it had no jurisdiction in this case, this Court has jurisdiction to review that legal conclusion. We also find the plaintiff filed his notice of appeal on February 6, 1984 (not February 15, 1984 as stated by the government) and therefore was within the 60 days permitted him under Rule 4(a)(1), Federal Rules of Appellate Procedure. Therefore, It is ORDERED that the motion to dismiss be and it hereby is denied.