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William v. Akers, 837 F.3d 1075 (10th Cir. Sept. 20, 2016)

Sep 20, 2016

The Tenth Circuit dismissed this appeal for lack of jurisdiction. The defendants’ motion for reconsideration of the denial of their motion to dismiss, which was filed eight months after that decision, did not toll the time for appeal of that decision. By identifying the denial of the motion to dismiss as the order being appealed, the defendants did not sufficiently express an intent to appeal the denial of the motion for reconsideration. The appeal was therefore untimely and the court lacked jurisdiction.