United States v. Rainbow


UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT
56 Forsyth Street, N.W. Atlanta, Georgia 30303
Miguel J. Cortez

In Replying Give Number Clerk
Of Case And Names of Part

November 13, 1996

MEMORANDUM TO COUNSEL OR PARTIES:

RE: 96-3501 USA v. Rainbow Family DC DKT NO.: 96-00183 CIV-J-20

NOTICE OF APPEAL FILED: October 25, 1996

After review of the district court docket entries, order and/or judgment appealed from, and the notice of appeal, it appears that this court may lack jurisdiction over this appeal. If it is determined that this court is without jurisdiction, this appeal will be dismissed.

The parties are requested to simultaneously advise the court in writing within fourteen (14) days from the date of this letter of their position regarding the jurisdictional question(s) set forth on the attached page. An original plus three copies of any response should be filed. The responses must include a Certificate of Interested Persons and Corporate Disclosure Statement as described in Fed.R.App.P. 26.1 and the corresponding circuit rules. Requests for extensions of time to file a response may not be entertained. Please do not address any other issues on appeal at this time.

After fourteen (14) days, this court will consider any response(s) received and any portion of the record that may be required to resolve the jurisdictional issue(s). If a transcript has been ordered [See Fed.R.App.P. 10(b)l, it is appellant's responsibility to make arrangements with the court reporter to postpone the preparation of the transcript pending a determination of the jurisdictional issues, if this is desired. The parties will be advised by this office of the court's determination and of any further actions which may be required.

Sincerely,

MIGUEL J. CORTEZ Clerk

Reply To: Dwight Briggs (404) 331-3843

c: District Court Clerk JUR-1 (11/92)

1

NO. 96-3501

JURISDICTIONAL QUESTION(S)

Whether the notice of appeal was untimely because it was filed more than 60 days after entry of the district court's order dismissing the case? Fed.R.App.P. 4(a)(l).

Order entered on docket: August 21, 1996

Notice of appeal filed in the district court: October 25, 1996


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