Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

8-22-2008

USA v. Acierno Precedential or Non-Precedential: Non-Precedential

Docket No. 06-4545

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Recommended Citation "USA v. Acierno" (2008). 2008 Decisions. Paper 631. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/631

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No: 06-4545

UNITED STATES OF AMERICA,

Appellee

v.

FRANK ACIERNO,

Appellant

Appeal from the United States District Court for the District of Delaware (03-CV-00020) District Court: Hon. Sue L. Robinson

Submitted July 21, 2008 Pursuant to Third Circuit LAR 34.1(a)

Before: McKEE, FUENTES, JORDAN, Circuit Judges,

(Filed: August 22, 2008 )

OPINION OF THE COURT

McKee, Circuit Judge.

Frank Acierno appeals the district court’s September 27, 2006 order vacating a

prior order terminating a consent decree. The September 27 order was entered pursuant to Fed. R. Civ. P. 60(b). For the reasons that follow, we conclude that we do not have

jurisdiction, and the appeal is dismissed.

“When an order granting a Rule 60(b) motion merely vacates the judgment and

leaves the case pending for further determination, the order . . . is interlocutory and

nonappealable.” National Passenger Railroad Corp. v. Maylie,

(3d

Cir. 1990).