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Briseno v. Ashcroft

The "time for filing an appeal" from a Federal Rule of Civil Procedure 41(a)(2) dismissal without prejudice expires simultaneously with the entry of such an order.

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Judith Castaneda appeals the denial of her Fed. R. Civ. P. 60(b) motion for reconsideration of a ruling denying her fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. � 2412(d). Because the district court lacked subject matter jurisdiction, we affirm.

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In August 1998, Castaneda and her husband sued James Burzynski, in his capacity of director of the Immigration and Naturalization Texas Service Center, to adjudicate their applications for adjustment of status. Two months later, the court granted a joint motion to dismiss without prejudice.*fn1 In September 2000, Castaneda filed a mandamus petition seeking action on her status application. The parties also reached agreement on this action, and it was dismissed without prejudice by motion of the court on December 1, 2000.*fn2

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