Jonathan Clark, et al. v. City of Shawnee, Kansas

QUESTION 1: The application of Federal Rule of Appellate Procedure Rule 4(a)(4) that is followed in practice by all circuits except the Tenth Circuit is that the last remaining motion which was timely filed under the rule tolls (shifts anew) the time to file a notice of appeal. The Tenth Circuit has held that no successive motions (i.e., none but the first 4(a)(4)(A) motion) tolls (shifts anew) the time to file a notice of appeal. As there are conflicting applications of FRAP Rule 4(a)(4) among the circuits, the Question Presented is: Was the Tenth Circuit's application of FRAP Rule 4(a)(4) an improper application? QUESTION 2: Presuming that the Tenth Circuit's application of FRAP Rule 4(a)(4) to petitioners was the proper application of the rule, the Question Presented is: Was the Tenth Circuit's application of FRAP Rule 4(a)(4) in error because the rule is facially unconstitutional for failing to provide adequate notice that no successive post-judgment motions under FRAP 4(a)(4)(A) toll (shift anew) the time to file a notice of appeal even if timely filed? 1 I