Wednesday, October 27, 2010

Fourth Circuit determines correct rule to use when final order is sent to prisoner at old address

United States v. Kemp, No. 10-7024 (4th Cir. Oct. 27, 2010):

When a district court sends a final order to a prisoner at an old address, an untimely appeal of that order should be analyzed pursuant to Fed. R. App. P. 4(a)(6) (permitting a discretionary reopening of time to appeal when moving party did not receive notice of entry of judgment), not Rule 4(a)(5) (requiring excusable neglect and good cause).  However, when it is the prisoner's fault for not updating his address on file, the result may be the same.

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