Filed: Nov. 25, 2014
Latest Update: Mar. 02, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 25, 2014 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 14-1179 (D.C. No. 1:10-CV-02130-RBJ-BNB) CHARLES BARRETT; KATHLEEN (D. Colo.) BARRETT, Defendants - Appellants. ORDER AND JUDGMENT * Before LUCERO, GORSUCH, and MORITZ, Circuit Judges. Charles and Kathleen Barrett’s appeal of the district court’s adverse final decision in their case is untimel
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 25, 2014 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 14-1179 (D.C. No. 1:10-CV-02130-RBJ-BNB) CHARLES BARRETT; KATHLEEN (D. Colo.) BARRETT, Defendants - Appellants. ORDER AND JUDGMENT * Before LUCERO, GORSUCH, and MORITZ, Circuit Judges. Charles and Kathleen Barrett’s appeal of the district court’s adverse final decision in their case is untimely..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS November 25, 2014
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 14-1179
(D.C. No. 1:10-CV-02130-RBJ-BNB)
CHARLES BARRETT; KATHLEEN (D. Colo.)
BARRETT,
Defendants - Appellants.
ORDER AND JUDGMENT *
Before LUCERO, GORSUCH, and MORITZ, Circuit Judges.
Charles and Kathleen Barrett’s appeal of the district court’s adverse final
decision in their case is untimely and we therefore lack jurisdiction to entertain it.
See Bowles v. Russell,
551 U.S. 205 (2007). Their appeal challenging the district
court’s subsequent decision denying their Fed. R. Civ. P. 60(b) motion requesting
reconsideration is timely. But the Barretts’ brief discussion of the motion to
*
After examining the briefs and appellate record, this panel has
determined unanimously to grant the parties’ request for a decision on the briefs
without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The
case is therefore ordered submitted without oral argument. This order and
judgment is not binding precedent except under the doctrines of law of the case,
res judicata, and collateral estoppel. It may be cited, however, for its persuasive
value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
reconsider in their opening brief doesn’t demonstrate that Rule 60(b) entitles them
to relief, let alone that the district court abused its discretion in holding
otherwise. See Allender v. Raytheon Aircraft Co.,
439 F.3d 1236, 1242 (10th Cir.
2006). The Barretts’ in forma pauperis motion is denied. The district court’s
disposition of the motion to reconsider is affirmed and the remainder of the
appeal is dismissed.
ENTERED FOR THE COURT
PER CURIAM
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