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Bob J. Settle v. Tim Hendrix
Citations: 956 F.2d 278; 1992 U.S. App. LEXIS 11811; 1992 WL 19903Docket: 91-3273
Court: Court of Appeals for the Tenth Circuit; February 4, 1992; Federal Appellate Court
Appellant Bob J. Settle's appeal of the district court's dismissal of his 42 U.S.C. § 1983 claim was dismissed due to lack of jurisdiction, as Settle failed to file a timely notice of appeal. The district court issued a final judgment dismissing his case on June 6, 1991. Settle's subsequent motion filed on June 11, which could be interpreted under Rule 52(b) or Rule 59(e) of the Federal Rules of Civil Procedure, did not extend the appeal period because his later motion to reconsider, filed on July 18, was untimely under the required ten-day window. Consequently, the appeal period was not tolled, and Settle's notice of appeal, submitted on August 16, was beyond the thirty-day limit established by Fed. R.App. P. 4(a)(1). The motion for sanctions filed by the appellees was denied, and the appeal was dismissed as untimely. The order has no precedential value and is restricted from citation within the Tenth Circuit, except for specific legal doctrines.