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![handle is hein.amindian/ibiapp0068 and id is 1 raw text is:
United States Department of the Interior
OFFICE OF HEARINGS AND APPEALS
INTERIOR BOARD OF INDIAN APPEALS
801 NORTH QUINCY STREET
&cH N SUITE 300
ARLINGTON, VA 22203
ESTATE OF FELIX BEAR CLOUD ) Order Denying Reconsideration
)
) Docket No. IBIA 21-023-1
)
) June 15, 2021
On April 13, 2021, the Board of Indian Appeals (Board) dismissed, for failure to
prosecute, this appeal by Walter M. Stewart, Jr. (Appellant) from a Second Order Denying
Reopening (Order Denying Reopening) entered on September 17, 2020, by Indian
Probate Judge (IPJ) Albert C. Jones in the estate of Felix Bear Cloud. 67 IBIA 327. The
Board dismissed Appellant's appeal because he failed to comply with orders of the Board
(1) to serve his notice of appeal on the IPJ and interested parties and file a statement with
the Board confirming that he had done so, and (2) to show cause why the appeal should
not be dismissed as untimely.' Id. at 327-28.
On May 10, 2021, the Board received original correspondence from Appellant,
addressed to the IPJ, in which Appellant refers to the Board's regulation governing
petitions for reconsideration at 43 C.F.R. § 4.315. Letter from Appellant, May 7, 2021.2
Appellant's letter also appears to assert that he could ask for an ex[]tension to file his
original notice of appeal or for the [D]epartment to consider the attached appeals, and
encloses a pleading that appears intended either as an attempt to file a new appeal from the
Order Denying Reopening or as an opening brief. Id.; Notice of Appeals Under
§ 4.311(a)3 to All Parties Listed in Opening Statement Below, May 7, 2021. The Board
construes Appellant's submission as a petition for reconsideration and denies the petition on
the grounds that no extraordinary circumstances warranting reconsideration are shown.
Further, even if we were to treat Appellant's submission as a request for an extension of
time to file his original notice of appeal or as a new appeal, we would be required to deny
the requested extension or to dismiss the new appeal.
'See Pre-Docketing Notice, Order for Appellant to Serve IPJ and Interested Parties, and
Order for Appellant to Show Cause and Submit Statement of Alleged Errors, Feb. 5, 2021,
at 2-3 (OSC). The Board's OSC also ordered Appellant to provide a statement of alleged
errors in the Order Denying Reopening.
2 Appellant's correspondence is dated May 3, 2021, but postmarked May 7, 2021.
3 Section 4.311 of 43 C.F.R. governs the scheduling of briefing in an appeal.
68 IBIA 1](ViewImageLocal?handle=hein.amindian/ibiapp0068&div=1&collection=&method=preview&ext=.png&size=3)