David Phillips v. United States of America

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 21, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
DIANE P. WOOD, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
Nos. 10-2154 & 11-1498
DAVID PHILLIPS,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
Appeal from the United
States District Court for the
Northern District of Illinois,
Eastern Division.
No. 07 C 3014
Joan Humphrey Lefkow,
Judge.
Order
Petitioner-appellant filed a petition for rehearing and rehearing en banc
on January 17, 2012. No judge in regular active service has requested a vote on
the petition for rehearing en banc, and all of the judges on the panel have voted
to deny rehearing. The petition for rehearing is therefore DENIED.
The slip opinion of this court issued on January 3, 2012, is amended as
follows: The final sentence of the only full paragraph at page 6 of the slip
opinion is deleted.
A new paragraph is added immediately after this paragraph, reading:
Circuit Rule 57 entails four steps: first, the party seeking relief must
ask the district court to initiate its procedures; second, the district judge

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Nos. 10-2154 & 11-1498 Page 2
must agree and indicate to this court that it is inclined to grant the Rule 60
motion; third, the party that filed the Rule 60 motion must ask this court
to remand; finally, this court must remand the case for the purpose of
modifying the judgment. Only this combination of steps renders the
judgment non-final and allows a modification while the appeal is
pending. In the absence of such a vacatur, the Rule 60 motion amounts to
a new collateral attack, for the reasons we have given above.

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