EATON v. JAMROG

No. 92-1388.

984 F.2d 760 (1993)

Charles EATON and Dendalee McBee, Plaintiffs-Appellants, v. JAMROG, Warden; Palmer, Warden; Olivier, Lieutenant; Asbury, Sergeant; Lovett, Sergeant; Wiend, Officer; and Henry, Officer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1993.


Attorney(s) appearing for the Case

Charles Eaton, pro se.

Dendalee McBee, pro se.

David G. Edick, Asst. Atty. Gen. and Mark E. Donnelly (briefed), Office of the Atty. Gen., Corrections Div., Lansing, MI, for defendants-appellees.

Before: JONES and RYAN, Circuit Judges; and BROWN, Senior Circuit Judge.


RYAN, Circuit Judge.

This appeal from a grant of summary judgment in a prisoner civil rights case presents the question whether a district court has discretion to vacate and reenter a judgment for the sole purpose of enabling a party to make an otherwise untimely appeal timely.

Because we find the district court erred, and that this court therefore lacks appellate jurisdiction, we shall dismiss this appeal without addressing plaintiffs' assignments of error...

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