Opinion

Randy Brown v. DC

Court
Court of Appeals for the D.C. Circuit
Filed
May 31, 2023
Status
Unpublished
Cited by
0 cases
Authority
More cited than 23.4%

180-day deadline for reopening the time to file an appeal is not subject to equitable exceptions

How later courts described this case

  • 180-day deadline for reopening the time to file an appeal is not subject to equitable exceptions
  • statutorily prescribed components of Rule 4(a)(6) are jurisdictional

Written by the judges who cited it.

The opinion

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 22-7069 September Term, 2022

1:16-cv-00947-EGS

Filed On: May 31, 2023

Randy Brown,

Appellant

v.

District of Columbia,

Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

BEFORE: Millett, Pillard, and Rao, Circuit Judges

JUDGMENT

This appeal was considered on the record from the United States District Court

for the District of Columbia and on the briefs filed by the parties. See Fed. R. App. P.

34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s March 30, 2022 order be

affirmed. Appellant has not shown that the district court abused its discretion in

denying his motion to reopen the time to appeal when the criteria for doing so under

Federal Rule of Appellate Procedure 4(a)(6) were not met, and the district court

therefore lacked authority to grant his motion. See 28 U.S.C. § 2107(c); Ladeairous v.

Garland, 45 F.4th 188, 191 (D.C. Cir. 2022) (statutorily prescribed components of Rule

4(a)(6) are jurisdictional); In re: Sealed Case (Bowles), 624 F.3d 482, 483-84 (D.C. Cir.

2010) (180-day deadline for reopening the time to file an appeal is not subject to

equitable exceptions). Appellant has not raised any argument regarding the district

court’s denial of relief under Federal Rule of Civil Procedure 60(b) and thus has

forfeited any such challenge. See United States ex rel. Totten v. Bombardier Corp.,

380 F.3d 488, 497 (D.C. Cir. 2004). We also do not reach any issue related to the

district court’s underlying summary judgment ruling because the appeal is not timely as

to that order. See Fed. R. App. P. 4(a)(1)(A).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk

is directed to withhold issuance of the mandate herein until seven days after resolution

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 22-7069 September Term, 2022

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.

P. 41(b); D.C. Cir. Rule 41.

Per Curiam

Page 2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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