May v. Mahone

The Seventh Circuit previously remanded for a determination of whether May had submitted a notice of appeal on or before August 10, 2015, in compliance with Federal Rule of Appellate Procedure 4(c). The district court allowed discovery, held a hearing, heard the testimony of two witnesses and examined seven exhibits, then held that May had not carried the burden of establishing that he mailed his notice of appeal in a timely fashion. The court determined that May’s testimony lacked credibility and that the remaining evidence established that the notice of appeal was not filed until sometime around October 15, 2015. The Seventh Circuit then dismissed his appeal for lack of jurisdiction. Statutory timelines for appeal are jurisdictional and cannot be waived, forfeited, or excused. View "May v. Mahone" on Justia Law