RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0162p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X - DARRYL A. ROBINSON, - Plaintiff-Appellant, - - No. 09-1119 v. , > - - UNKNOWN LIVINGSTON, - Defendant-Appellee. N

Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 08-00964—Robert Holmes Bell, District Judge. Filed: April 29, 2009 Before: BOYCE F. MARTIN, JR., Circuit Judge. _________________ ORDER _________________ This court entered an order on February 6, 2009, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for failure to comply with Fed. R. App. P. 4(a). The appellant failed to respond. The documents before this court reflect that the decision of the district court was entered on December 12, 2008. The time for filing a notice of appeal runs from entry of the judgment. See Fed. R. App. P. 4(a)(1). Because no separate judgment was entered by the district court as required by Fed. R. Civ. P. 58(a)(1), the judgment is treated as filed 150 days after entry of the decision. See Fed. R. App. P. 4(a)(7)(A)(ii). Accordingly, the notice of appeal was timely filed on January 14, 2009. See Fed. R. App. P. 4(a), and 26(a). It is ordered that the show cause order is withdrawn.

ENTERED BY ORDER OF THE COURT

/s/ Leonard Green ___________________________________ Clerk

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