Unpublished Dispositionstate of Ohio, Plaintiff-appellee, v. Albert D. Thrower, Defendant-appellant, 925 F.2d 1465 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 925 F.2d 1465 (6th Cir. 1991) Feb. 13, 1991

Before KENNEDY and ALAN E. NORRIS, Circuit Judges, and MILES, Senior District Judge.* 

ORDER

This appeal has been referred to this panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the record indicates that the district court entered an order on October 22, 1990, denying the motion for removal pursuant to 28 U.S.C. § 1443 and remanding the case to state court. Appellant filed a notice of appeal on November 8, 1990, from that order which was docketed as appeal No. 90-4020. A second notice of appeal was filed on December 7, 1990, from the same order and docketed as appeal No. 90-4097. Appeal No. 90-4097 is a duplicate appeal and also was not filed within the 30 day appeal period provided by Fed. R. App. P. 4(a).

Accordingly, it is ORDERED that appeal No. 90-4097 be, and it hereby is, dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Wendell A. Miles, Senior U.S. District Judge for the Western District of Michigan, sitting by designation

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