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VIANELLO v. PACIFICO

No. 90-5038.

905 F.2d 699 (1990)

Michael VIANELLO, Appellant, v. Joseph G. PACIFICO; Rendish, Corporal, Seargent, Lieutenant, Captain, Major, Colonel, Commissioner, Chain of Command, Governor; Glenn Gorger; Commonwealth of Pa.; Pennsylvania State Police.

United States Court of Appeals, Third Circuit.

Decided June 15, 1990.

Attorney(s) appearing for the Case

Michael Vianello, Brodheadsville, Pa., pro se.

Ernest D. Preate, Jr., Atty. Gen., Michael L. Harvey, Deputy Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Pennsylvania Dept. of Justice, Harrisburg, Pa., for appellees Pacifico, Rendish & Governor.

Nancy E. Stark, Philadelphia, Pa., for appellee Gorger.

Before BECKER, GREENBERG and VAN DUSEN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 7, 1990.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Plaintiff-appellant, Michael Vianello, appeals from an order of the United States District Court for the Middle District of Pennsylvania denying his Fed.R.App.P. 4(a)(5) motion to extend the time for filing a notice of appeal. For the reasons which follow, we will reverse and remand to the district court for further consideration.

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