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Bowles v. Russell

Docket No.: 06-5306
Certiorari Granted: Dec 7 2006
Argued: March 26, 2007
Decided: June 14, 2007


Federal Rules of Civil Procedure, including Appellate Procedure (or relevant rules of a circuit court), Bankruptcy, Equal Access to Justice, habeas, murder, untimely filing

PartyNames: Keith Bowles v. Harry Russell, Warden
Petitioner: Keith Bowles
Respondent: Harry Russell, Warden

Court Below: United States Court of Appeals for the Sixth Circuit

Keith Bowles
Harry Russell, Warden
551 U.S. 205 (2007)
Question Presented:

Whether an appellate court may sua sponte dismiss an appeal which has been filed within the time limitations authorized by a district court after granting a motion to reopen the appeal time under Rule 4(a)(6) of the Federal Rules of Appellate Procedure.


May a federal Court of Appeals, acting on its own, dismiss an appeal as too late under Federal Rule of Appellate Procedure 4(a)(6) when the appeal is filed after the 14-day extension specified in the Rule but before the deadline established by the District Court?

Holding: affirmed
Decision: Decision: 5 votes for Russell, 4 vote(s) against
Opinion By:
Read BOWLES V. RUSSELL opinion (PDF)

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