denied.” II. ANALYSIS Lommen did not file his notice of appeal until 71 days after the district court’s dismissal of his case for lack of subject matter jurisdiction. The Federal Rules of Appellate Procedure require litigants in civil cases to file a notice of appeal “with the district clerk within 30 days after the judgment or order appealed from is entered.” Fed. RApp. P. 4(a)(1)(A). But certain post-decision motions, including a motion for reconsideration, toll this 30-day period. Id. at 4(a)(4). “[A]ny of the tolling motions must be filed within 10 days after entry of the judgment,” however, and Lommen’s motion for reconsideration was not filed until 40 days after the district court’s dismissal of his action. See Myers v. Ace Hardware, Inc., 777 F.2d 1099, 1103 (6th Cir.1985) (<HOLDING>). Because Lommen failed to appeal the district
holding that a timely motion for reconsideration tolls the statute of limitations even if the motion is procedurally invalid holding that a california habeas petition is timely if filed within a reasonable time holding 30day grace period could begin at any time so long as it was filed before the hearing on the defendant doctors motion to dismiss holding that a postdecision motion only tolls the 30day requirement if it is timely filed holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect