Bowles v. Russell
Keith Bowles was convicted of murder. After his conviction was affirmed in state court, he filed a petition for habeas relief in federal district court. The district court denied his petition, but failed to notify Bowles of the ruling in a timely manner. Bowles filed a motion to extend the deadline under Federal Rules of Appellate Procedure 4(a)(6), which allows for a fourteen-day extension on the filing time. The district court granted Bowles motion to extend, and mistakenly told Bowles that he could file before February 27, 2004; under rule 4(a)(6), however, Bowles only had until February 24. Bowles filed his notice of appeal on February 26.
The Sixth Circuit Court of Appeals dismissed Bowles' appeal as untimely filed, even though it was timely under the district judge's order. The Sixth Circuit held that the extension timeline set by the Rules of Appellate Procedure controlled, and that a district court did not have the authority to extend it.
Question Presented:
Whether an appellate court may sua sponte dismiss an appeal which has been filed within the time limitations authorized by a district court after granting a motion to reopen the appeal time under Rule 4(a)(6) of the Federal Rules of Appellate Procedure.
