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222 F. App'x 1

In re Miller

U.S. Courts of Appeals

Decided March 19, 2007

U.S. Courts of Appeals · decided 2007-03-19

Cited by 3 later decisions — most recently March 2011

2 district ·

Relies on Browder v. Director Department of Corrections of Illinois · Fox v. American Airlines, Inc. · English-Speaking Union v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-19

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¶1JUDGMENT

PER CURIAM.

¶2This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

¶3ORDERED AND ADJUDGED that the district court’s order denying appellant’s motion for reconsideration or to reopen the case be affirmed. The district court properly denied reconsideration of its October 18, 2005, order denying appellant’s motion for leave to file an appeal. Appellant’s motion for reconsideration offered no basis for questioning the district court’s holding that he had not met the requirements for extending or reopening the time to file an appeal. See Fed. R.App. P. 4(a)(5), 4(a)(6). Moreover, the rule of English-Speaking Union v. Johnson, 353 F.3d 1013, 1020-23 (D.C.Cir.2004), has been limited to “dismissals of bankruptcy appeals for nonjurisdictional procedural violations,” and did not require the district court to set forth its reasons for denying the motion for reconsideration. See Fox v. American Airlines, 389 F.3d 1291, 1295 (D.C.Cir.2004).

¶4To the extent appellant sought relief from the judgment pursuant to Fed. R.Civ.P. 60(b), appellant presents no arguments on appeal that would justify a conclusion that the district court abused its discretion in denying the motion. See Browder v. Director, Illinois Dep’t of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (denial of Rule 60(b) post-judgment motion overturned only if the district court abused its discretion).

¶5Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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