If an appellant or applicant fails to file the required forms, briefs, appendices, or other documents, or otherwise fails to act, under the time periods set in FRAP, the LRs, or a court order, that party will be deemed to be in default. This Court will issue an order that sets a firm dismissal date to occur if the default is not cured within a specific time frame. Once the case is dismissed, this Court will view a motion to reinstate the appeal unfavorably unless the Court finds that exceptional circumstances explain the default or that manifest injustice would otherwise result. A party that files a motion to reinstate the appeal following dismissal for failure to file a brief on time must do so within 14 days of the date of the order dismissing the appeal and must include the party’s brief as an exhibit to the motion. See LR 27.1(i).

An appeal may be dismissed by order if the appellant fails to file certain forms, a brief, or pay the required filing fee. If an appeal is dismissed for failure to file Form B or D-P, a Notice of Appearance, or a Prisoner Authorization Form, the appellant must file a motion to reinstate the appeal. The completed form(s) and motion to reinstate must be filed by the date indicated on the order. If the appeal is dismissed for failure to file a motion to proceed in forma pauperis or pay the filing fee, a certificate of appealability, or successive application, the appellant must file a motion to reinstate. The motion to reinstate and the completed motion or application must be filed by the date indicated on the order. If the appeal is dismissed for failure to file a timely brief, the appellant must file a motion to reinstate the appeal. The motion to reinstate must include as an exhibit the brief and appendix that caused the default and must be filed within 14 days of the order dismissing the appeal. L.R. 27.1(i). If the mandate has issued, the appellant must file a motion to recall the mandate and reinstate the appeal along with the completed form(s), motion(s), or application(s) that caused the default.

Last modified at 8/8/2022