Brief filed: 01/22/2007
Bowles v. Russell
United States Supreme Court; Case No. 06-5306
Decision below, 432 F.3d 668 (6th Cir. 2006), cert. granted, 12/7/06.
Whether an appellate court may sua sponte dismiss an appeal which has been filed within the time limitations authorized by a district court after granting a motion to reopen the appeal time under Rule 4(a)(6) of the Federal Rules of Appellate Procedure. Brief argues that FRAP 4(a) is not jurisdictional and that an appeal filed in compliance with a court-ordered deadline should not be dismissed, particularly absent a timely objection.
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Amy Howe and Kevin Russell, Howe and Russell, Washington, DC.