lack of jurisdictioncivil rights complaintSEARLES v

Home

				USFederalCourts.Net					Constitutional Law
				Federal Court					BankruptcyCode.US
				Jurisdiction					UnitedStatesLaw.Us
				Subject Matter Jurisdiction-Amount In Controversy					iLaw Dictionary

US Codes

State Codes

California State Rules of Court

California Torts

California Contracts

Immigration

Federal Court Jurisdiction
Jurisdiction

Lack of jurisdiction
JIMMY SEARLES, v. STEVEN DECHANT,No. 03-3347DEC 28 2004

Notice of appeal from the summary judgment order was untimely and did
not confer jurisdiction on this court.

Lack of jurisdiction - SEARLES v. DECHANT

The issue now before us, therefore, is whether we can save Searles'
         summary judgment appeal by granting him an extension of time based on his
         "Motion for Permission to Appeal," rather than denying it as moot as the district
         court did. We hold that we cannot. While the motion itself is timely filed, see
         Fed. R. App. P. 4(b)(4), it utterly fails to satisfy the substantive prerequisites of
         the rule. It contains no showing of "excusable neglect" or "good cause" for
         Searles' failure to file a timely notice of appeal. See id. Had the district court
         granted the motion under these circumstances, it would have been a clear abuse of
         discretion. See, e.g., United States v. Vogl, 374 F.3d 976, 981 (10th Cir. 2004)
         (endorsing clear abuse of discretion standard in cases involving excusable
         neglect).
              In short, Searles failed to show his entitlement to an extension of time. His
         notice of appeal from the summary judgment order was therefore untimely and did
         not confer jurisdiction on this court. SEARLES v. DECHANT

Court:	U.S. 10th Circuit Court of Appeals
Topic:	Civil Rights, Constitutional Law, Injury And Tort Law
Title:	SEARLES v. DECHANT
Date:	12/29/04
Case Number:	03-3347
Summary:	Plaintiff-inmates's civil rights complaint, alleging that defendants violated his right to free exercise of his religion, is dismissed for lack of jurisdiction

SEARLES v. DECHANT-FL
Federal Court Basics-Table of Contents
Federal Court Jurisdiction-Table of Contents
Part 003-Map: Geographical boundaries of U.S. Courts of Appeals and U.S. District Courts-pdf