Full text
NOT PRECEDENTIAL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
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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).
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