DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221902P.pdf 03/21/2024 Christine Nordgren v. Hennepin County
U.S. Court of Appeals Case No: 22-1902
U.S. District Court for the District of Minnesota
[PUBLISHED] [Erickson, Author, with Melloy and Stras, Circuit Judges]
Civil case - Civil rights. A hearing panel assigned the case on the merits
is free to revisit a motion to dismiss for want of appellate jurisdiction
even though an administrative or motions panel of the court has previously
denied such a motion; this case is distinguishable from cases applying the
doctrine of the law of the case because the record has been developed
since the entry of the order, and it is clear that the panel's ruling was
based on an inapplicable basis for tolling the appeal period; the district
court did not err in characterizing plaintiff's motion as one for
reconsideration and, as such, the motion did not toll the time for filing
a notice of appeal; her appeal is untimely, and the appeal is dismissed.
Judge Melloy, dissenting.