Franklin v. McHugh, No. 14-4096 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit in district court seeking correction of his military records, a retroactive promotion, and back pay. Plaintiff subsequently appealed the dismissal of his complaint for lack of subject matter jurisdiction. The Secretary moved to dismiss the appeal for lack of appellate jurisdiction and plaintiff cross-appealed to correct his brief on appeal. The court concluded that, because plaintiff's counsel did not timely complete the electronic filing process that was established by the Eastern District’s Local Rules, the notice of appeal was not timely filed. Accordingly, the court granted the motion to dismiss, denied as moot the cross-motion, and dismissed the appeal for lack of appellate jurisdiction.
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