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BOYKO v. ANDERSON

No. 98-2935.

185 F.3d 672 (1999)

Rodney L. BOYKO, Petitioner-Appellant, v. Ron ANDERSON, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1999.

Opinion July 19, 1999.

Attorney(s) appearing for the Case

Howard B. Eisenberg (submitted on briefs), Milwaukee, WI, for Petitioner-Appellant.

Liisi Brien, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before POSNER, Chief Judge, and DIANE P. WOOD and EVANS, Circuit Judges.

POSNER, Chief Judge.

The district court denied Boyko's petition for habeas corpus as untimely. Boyko appealed, and while the appeal was pending filed a motion under Fed.R.Civ.P. 60(b) to vacate the district court's order denying his petition. The district judge responded on April 7 by purporting to grant the motion and by setting the matter for a hearing on May 3. Boyko asked us to remand the case to the district court while retaining jurisdiction over the appeal...

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