Timothy Bell v. Eugene McAdory, et al
Filing
Filed Nonprecedential Disposition PER CURIAM. We DISMISS Bell's appeal for lack of appellate jurisdiction. Richard A. Posner, Circuit Judge; Frank H. Easterbrook, Circuit Judge and Michael S. Kanne, Circuit Judge. [6782582-1] [6782582] [15-1036]
Case: 15-1036
Document: 58
Filed: 09/14/2016
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
Pages: 2
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued January 21, 2016
Decided September 14, 2016
Before
RICHARD A. POSNER, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 15-‐‑1036
Appeal from the United
States District Court for
the Central District of
Illinois.
TIMOTHY BELL,
Plaintiff-‐‑Appellant,
v.
No. 12-‐‑3138-‐‑CSB-‐‑DGB
Colin S. Bruce, Judge.
EUGENE MCADORY, et al.,
Defendants-‐‑Appellees.
Order
Our opinion of last April directed the district court to treat post-‐‑judgment
papers that Timothy Bell had filed there as a motion under Fed. R. App. P. 4(a)(5)
for additional time to appeal. The district judge now has done so and, in an order
dated September 6, has found that Bell lacks excusable neglect or good cause for
not filing a timely appeal.
Case: 15-1036
Document: 58
Filed: 09/14/2016
Pages: 2
No. 15-‐‑1036
Page 2
Our review of such a decision is deferential, see Pioneer Investment Services
Co. v. Brunswick Associates LP, 507 U.S. 380 (1993), and we do not see any problem
in the district court’s disposition. The judge stressed that his order on the merits
had itself informed Bell that he must appeal within 30 days of “the entry of
judgment”, so that even if imprisoned litigants are apt to misunderstand the
Appellate Rules, Bell knew the deadline. His contention that another inmate had
told him that time is calculated from a decision’s receipt in the prison, rather
than its entry in the district court, cannot justify disregarding information
provided directly by the court. Bell’s delay therefore lacks a good cause and
cannot be attributed “excusable” neglect. Accordingly, we dismiss Bell’s appeal
for lack of appellate jurisdiction.
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