10th Cir. R. 42

42.1 Dismissal for failure to prosecute.

When an appellant fails to comply with the Federal Rules of Appellate

Procedure or these rules, the Clerk will notify the appellant that the

appeal may be dismissed for failure to prosecute unless the failure to

comply is remedied within a designated time. If the appellant fails to

comply within that time, the Clerk will enter an order dismissing the

appeal and issue a copy of the order as the mandate. The appellant

may not remedy the failure to comply after the appeal is dismissed,

unless the court orders otherwise.

42.2 Reinstatement.

A motion to reinstate an appeal dismissed for failure to prosecute may

not be filed unless the failure is remedied or the remedy for the failure

accompanies the motion.

42.3 Voluntary dismissal of a criminal or post-conviction appeal.

A voluntary motion to dismiss a criminal appeal or an appeal in a post-conviction proceeding must contain a statement, signed by the

appellant, demonstrating knowledge of the right to appeal and

expressly electing to withdraw the appeal. If the statement is not

included, counsel must show that exceptional circumstances prevented

its inclusion. Proof of service must include service on the appellant him

or herself.