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Tafari v. McGinnis
Citation: 328 F. App'x 21Docket: No. 07-5476-pr
Court: Court of Appeals for the Second Circuit; May 7, 2009; Federal Appellate Court
Injah Tafari, a pro se incarcerated plaintiff, appeals the denial of his June 2007 motion for relief from judgment by the United States District Court for the Southern District of New York. The court had previously dismissed his 42 U.S.C. § 1983 complaint in May 2003. The appeal is dismissed due to untimeliness, as Federal Rule of Appellate Procedure 4(a)(1) mandates a notice of appeal be filed within thirty days of the order, which was issued on October 10, 2007. Tafari's notice, although dated November 16, 2007, was filed late, exceeding the deadline of November 9, 2007. The filing date is determined by when the notice is delivered to prison authorities for mailing, as established in Houston v. Lack. The court also finds that any appeal concerning the subsequent order clarifying the denial of the motion to vacate is moot, since it did not resolve a substantive issue affecting Tafari's rights. Consequently, the court lacks jurisdiction to consider the appeal's merits, leading to its dismissal. Remaining arguments presented by Tafari are deemed without merit.