Unpublished Dispositionclifton B. Pierson (pierce), Plaintiff-appellant, v. George Wilson, Gary Mohr, Defendants-appellees, 933 F.2d 1009 (6th Cir. 1991)

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U.S. Court of Appeals for the Sixth Circuit - 933 F.2d 1009 (6th Cir. 1991) May 17, 1991

Before NATHANIEL R. JONES and RYAN, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.


This case has been referred to a panel of the court. A review of the documents before the court indicates that the district court dismissed the case for want of prosecution by order entered March 5, 1991. A motion for relief from judgment was filed March 8, 1991, and the notice of appeal filed on April 1, 1991. However, the district court by order filed April 12, 1991, vacated the March 5 dismissal and reopened the case.

Accordingly, it is ORDERED that the appeal be, and it hereby is, dismissed. A notice of appeal filed during the pendency of a time-tolling motion is of no effect. Fed. R. App. P. 4(a) (4). In addition, relief from the March 5, 1991, dismissal for want of prosecution was granted by the district court's April 12, 1991, order resulting in the appeal becoming moot.