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8-22-2008 USA v. Acierno Precedential or Non-Precedential: Non-Precedential Docket No. 06-4545

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008 Recommended Citation "USA v. Acierno" (2008). 2008 Decisions. Paper 631. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/631

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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No: 06-4545 UNITED STATES OF AMERICA, Appellee v. FRANK ACIERNO, Appellant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, 910 F.2d 1181, 1183 (3d Cir. 1990).