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Petition of the day

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Thepetition of the day is:

16-658

Issue:Whether Federal Rule of Appellate Procedure 4(a)(5)(C) can deprive a court of appeals of jurisdiction over an appeal that is statutorily timely, as the U.S. Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have concluded, and therefore subject to equitable considerations such as forfeiture, waiver and the unique-circumstances doctrine.

 

Cases: Hamer v. Neighborhood Housing Services of Chicago

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Jan. 12, 2017, 12:00 AM), https://www.scotusblog.com/2017/01/petition-of-the-day-1072/