Memorandum — Meyer v. Seamans

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U.S

SUPREME COURT, U. $ PLEER {o

In the Supreme Court of the —

OcTOBER TERM, 1973

CHARLES L. MEYER, PETITIONER

Vv.

Ropert C. SEAMANS, JR.,

SECRETARY OF THE AIR FORCE

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SEVENTH CIRCUIT

MEMORANDUM FOR THE RESPONDENT IN OPPOSITION

RoperT H. Bork,

Solicitor General,

Department of Justice,

Washington, D.C. 20530.

Oe Oar NOV dO % NER LUNE ANON AN A aI TO AUER Ba 98 ag HON hE

3u the Bupreme Court of the Mnited States

OctToper TERM, 1973

No. 73-634

CHARLES L. MEYER, PETITIONER

Vv.

ROBERT C, SEAMANS, J8.,

SECRETARY OF: THE AIR FORCE

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SEVENTH CIRCUIT

MEMORANDUM FOR THE RESPONDENT IN OPPOSITION

The petition for a writ of certiorari was not timely

filed. The judgment of the court of appeals in this

civil suit was entered on June 25, 1973. An application

for an extension of time was received by the Court

on September 22, 1973,' and denied by Mr. Justice

Rehnquist on September 24, 1973. The 90-day period

provided by 28 U.S.C. 2101(c) for petitioning in civil

cases expired on September 24, 1973. The petition was

filed on October 9, 1973.

The time limit specified by 28 U.S.C. 2102(c) is

jurisdictional, Toledo Co. v. Computing Co., 261 U.S.

399, 418.

' The application was thus untimely under this Court’s Rule 34(2).

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ong fully submitted that the petition for a

writ of certiorari should be denied.

Ropert H. Bork,

Solicitor General.

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