Waymond B. McDaniel v. Michael W. Moore

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the burden “is on the party seeking to reopen the time for appeal under Rule 4(a)(6)”
• stating that we review such denials for abuse of discretion
• affirming the district court’s denial of a motion to reopen the appeal period where the petitioner was given the “opportunity to carry his burden” as to when he received notice and “resolve any remaining factual uncertainties,” but “failed to do so”
• “The plain language of the rule [Rule 4(a)(6)] requires only ‘notice of the entry,’ not a copy of the order itself.”
• “McDaniel’s counsel concedes that he is aware of no case in which a court has held that a copy of the judgment or order is required to start the clock under Rule 4(a)(6).”

Source: CourtListener parenthetical corpus (CC0).