SMITH v. EVANS

No. 87-3761.

853 F.2d 155 (1988)

Meral SMITH, Appellant, v. Melvin H. EVANS, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided July 21, 1988.


Attorney(s) appearing for the Case

Meral Smith, Lewisburg, Pa., pro se.

Godfrey R. de Castro, Atty. Gen., Rosalie Simmonds Ballentine, Sol. Gen., Susan Frederick Rhodes, Asst. Atty. Gen., Dept. of Justice, Charlotte Amalie, St. Thomas, V.I. for appellees.

Before SEITZ, SLOVITER and BECKER, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) April 22, 1988.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents a technical question of appellate jurisdiction. Appellant, a prisoner acting pro se, filed an untimely Fed.R. Civ. P. 59(e) motion to alter or amend the district court's judgment. Because only a timely Rule 59(e) motion will toll the time for appeal, we hold that the appeal, filed more than thirty days after the district...

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