Robinson v. Sweeney

Ct. of Appeals lacked jurisdiction to consider plaintiff-prisoner’s appeal of Dist. Ct.’s grant of defendants-prison officials’ motion for summary judgment in section 1983 action alleging that defendants were deliberately indifferent to his safety, where plaintiff filed notice of appeal beyond applicable 30-day period for doing so. Moreover, record showed that plaintiff had attempted to file Rule 59(e) motion to alter Dist. Ct.’s judgment that would have tolled time for filing notice of appeal, but failed to timely file said motion. Ct. of Appeals also observed that plaintiff should have been advised that his best option upon entry of summary judgment order was to file simple notice of appeal, rather filing any Rule 59(e) motion or motion seeking extension of time to file same.