Claude E. Saunders v. Cabinet Makers and Millmen, Local 721

Plaintiff filed a pro se complaint against the defendant Union on May 3, 1974, alleging that while he was employed at Northrup Architectural Systems the Union purposely excluded him from membership because of his race, in violation of 42 U.S.C. § 2000e-2(c)(l). Both sides filed motions for summary judgment, and on December 12, 1974, judgment was entered granting defendant Union’s motions, denying plaintiff’s motion, and dismissing his complaint. Plaintiff allegedly did not personally learn of the district court’s disposition until he ran across the order on January 3, 1975. On January 9, 1975, plaintiff filed what he labeled a “motion for rehearing” in the district court, which treated the motion as one to alter or amend the judgment under Fed.R.Civ.P. 59(e) and denied it on June 26, 1975. On July 25, 1975, plaintiff filed a notice of appeal from the district court’s denial of his 59(e) motion and apparently from the underlying December 12, 1974, judgment dismissing his complaint as well.

Under Federal Rule of Appellate Procedure 4(a), notice of appeal must be filed in the district court within 30 days of the date of entry of the judgment appealed from. The running of this 30-day…