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obiterdictum

02/24/17 5:13 PM

#391279 RE: Blushing green #391271

Is this standard procedure?

https://twitter.com/DoNotLose/status/835220060130127878/photo/1

Yes. SOP according to FRAP Rule 41(b) and Circuit Rule 41. That is the CADC motion informing all that the mandate in the order recently rendered is not to be issued until 7 days after a decision to accept or not accept a timely petition for a rehearing or a petition for a rehearing en banc.

Rule 41(b) - When Issued. The court's mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time.


Source:
CIRCUIT RULES of the UNITED STATES COURT OF APPEALS for the DISTRICT OF COLUMBIA CIRCUIT
http://bit.ly/2mgcIOE