AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff sought to appeal the dismissal of his complaint but failed to file the notice of appeal within the required timeframe. He argued that the delay was due to not receiving a copy of the district court's order in a reasonable amount of time (paras 3-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: Argued that exceptional circumstances, specifically not receiving a copy of the district court's order in a reasonable amount of time, should excuse his failure to timely file notice of appeal (para 4).
• Defendants-Appellees: [Not applicable or not found]

Legal Issues

• Whether the Plaintiff's failure to timely file notice of appeal can be excused due to not receiving a copy of the district court's order in a reasonable amount of time (para 4).

Disposition

• The appeal was dismissed due to the Plaintiff's failure to file the notice of appeal within the required timeframe (para 6).

Reasons

• J. MILES HANISEE, Judge, with LINDA M. VANZI, Judge, and TIMOTHY L. GARCIA, Judge concurring, found that the timely filing of notice of appeal is a mandatory precondition to the exercise of jurisdiction. The court observed that the Plaintiff filed the notice of appeal well after the deadline had passed. Despite the Plaintiff's argument of exceptional circumstances due to delayed receipt of the district court's order, the court was unpersuaded. The court emphasized that the operative event for appeal purposes is the filing of the final order by the district court, not the date of receipt by the Plaintiff. Furthermore, the court noted the Plaintiff's additional delay in filing the notice of appeal after receiving the order and found no justification for this delay. Consequently, the court dismissed the appeal, rejecting the Plaintiff's invitation to consider the appeal on the merits (paras 1-6).