United States of America v. Smith
ORDER that Plaintiff Robert F. Smith's request for a Certificate of Appealability is moot, re: 12-16801, as to 80 Notice of Appeal. Signed by Judge David G Campbell on 9/7/12. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Robert F. Smith,
Defendant Robert F. Smith filed a request for a certificate of appealability of the
Court’s order of June 18, 2012, which granted summary judgment to the United States on
its action to reduce Mr. Smith’s federal tax assessments to judgment. Doc. 80; see
petitioner in a habeas corpus proceeding receive a certificate of appealability before
appealing (Fed. R. App. P. 22(b)), but Mr. Smith appeals from a civil judgment. Federal
Rule of Appellate Procedure 4(a) governs the filing of his appeal. Fed. R. App. P. 4(a);
see U.S. v. Plechner, 577 F.2d 596 (9th Cir. 1978) (finding that Rule 4(a) governing the
filing of appeals in civil cases applied to enforcement of a bond even when appealed from
as part of a criminal proceeding).
Rule 22(b) of the Federal Rules of Appellate Procedure requires that a
Under Rule 4(a)(1)(A), a notice of appeal must be filed with the district clerk
within 30 days after the judgment or the order appealed from is entered. Fed. R. App. P.
4(a)(1)(A). When, as here, the United States is a party, the notice of appeal may be filed
within 60 days. Fed. R. App. P. 4(a)(1)(B). Mr. Smith filed his request on August 15,
2012, less than 60 after the order he appeals from was entered, and the Clerk’s Office and
the Ninth Circuit Court of Appeals have construed Mr. Smith’s request as a notice of
appeal. Docs. 81, 82. The Court need take no further action. See United Nat=l Ins. Co. v.
R&D Latex Corp., 242 F.3d 1102, 1109 (9th Cir. 2001) (“Once a notice of appeal takes
effect, the district court loses jurisdiction over the matter placed before the appellate
IT IS ORDERED:
Plaintiff Robert F. Smith’s request for a Certificate of Appealability is
Dated this 7th day of September, 2012.
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