Lawrence Daniel Caldwell v. Michael E. Amend and Don M. Lamb

Appellant Lawrence D. Caldwell, a prisoner incarcerated at the federal penitentiary in Lewisburg, Pennsylvania, appeals pro se from the district court’s ruling that his motion for judgment N.O.V. was untimely. We reverse and remand.

I. BACKGROUND

In 1987, Caldwell brought a civil action alleging that Appellees, U.S. Marshals, damaged personal property confiscated during a search of Caldwell’s home. On January 29, 1992, judgment was entered in favor of the defendants. On February 21, 1992, the district court clerk’s office received from Caldwell a motion for judgment N.O.V. under Federal Rule of Civil Procedure 50(b), dated February 10, 1992. On April 2, 1992, the district court denied this motion. On May 26, 1992, Caldwell filed a notice of appeal.

In Caldwell’s first appeal, Caldwell v. United States, No. 92-35485, 1993 WL 205868 (June 11, 1993), Appellees contended that this court lacked jurisdiction because the notice of appeal was not filed within 60 days of either (i) the entry of judgment in a case to which the United States is a party under Fed.R.App.P. 4(a)(1); or (ii) an order denying a timely Rule 50(b) motion under Fed. R.App.P. 4(a)(4). We found that Caldwell…