From Casetext: Smarter Legal Research

Schmitt v. Dept. of Navy

United States Court of Appeals, Federal Circuit
Dec 22, 2008
321 F. App'x 947 (Fed. Cir. 2008)

Opinion

No. 2009-1043.

December 22, 2008.

Appeal from the United States District Court for the Middle District of Florida, in case no. 07-CV-1650, Judge Gregory A. Presnell.

L. Misha Preheim, Jeanne E. Davidson, Department of Justice, Washington, DC, for Defendant-Appellee.

Harry Michael Schmitt, Sarasota, FL, for pro se.

Before LOURIE, DYK, and MOORE, Circuit Judges.


ON MOTION


ORDER

The Department of the Navy moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss Harry Michael Schmitt's appeal from the United States District Court for the Middle District of Florida for lack of jurisdiction and as untimely filed. Separately, Schmitt moves for leave to proceed in forma pauperis. The Navy opposes. Schmitt responds.

The district court dismissed Schmitt's case on February 12, 2008. Schmitt did not file his notice of appeal until October 27, 2008.

An appeal from a district court in a case involving the United States is due within 60 days. 28 U.S.C. § 2107(b). Thus, any appeal from the February 12 order was due on Monday, April 14, 2008. Schmitt's appeal is untimely and must be dismissed.

The sixtieth day was April 12, 2008, which fell on a Saturday. Thus, Schmitt's appeal was due on the next business day, April 14. Fed.R.App.P. 26(a)(3).

Accordingly,

IT IS ORDERED THAT:

(1) The Navy's motions are granted. The appeal is dismissed

(2) Schmitt's motion to proceed in forma pauperis is moot.

(3) All sides shall bear their own costs.


Summaries of

Schmitt v. Dept. of Navy

United States Court of Appeals, Federal Circuit
Dec 22, 2008
321 F. App'x 947 (Fed. Cir. 2008)
Case details for

Schmitt v. Dept. of Navy

Case Details

Full title:Harry Michael SCHMITT, Plaintiff-Appellant, v. DEPARTMENT OF the NAVY…

Court:United States Court of Appeals, Federal Circuit

Date published: Dec 22, 2008

Citations

321 F. App'x 947 (Fed. Cir. 2008)