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NEVITT v. U.S.

No. 88-3789.

886 F.2d 1187 (1989)

Richard L. NEVITT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1989.

Attorney(s) appearing for the Case

Richard L. Nevitt, Anchorage, Alaska, pro se.

John T. Stahr, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before O'SCANNLAIN, LEAVY and TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We decide the jurisdictional question of whether the time limit for filing certain motions for relief from judgment is tolled during the pendency of an appeal.

I

Nevitt filed a Homestead Act claim with the Alaska office of the Bureau of Land Management ("BLM") in 1973. 43 U.S.C. §§ 161, 164 (repealed 1976). After years of administrative proceedings the BLM eventually denied Nevitt's claim and the Interior Board...

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