Court of Appeals for the Seventh Circuit July 19, 1999, 98-2935 (Rodney L. Boyko v. Ron Anderson, Superintendent)

POSNER, Chief Judge.

The district court denied Boyko’s petition for habeas corpus as untimely. Boyko appealed, and while the appeal was pending filed a motion under Fed.R.Civ.P. 60(b) to vacate the district court’s order denying his petition. The district judge responded on April 7 by purporting to grant the motion and by setting the matter for a hearing on May 3.