United States v. Acierno ( 2008 )

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Precedential or Non-Precedential: Non-Precedential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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NOT PRECEDENTIAL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).