Chapa v. Brewer et al

Filing 35

ORDER Pursuant to Federal Rule of Appellate Procedure 4(a)(6), the period forfiling a notice of appeal is reopened for 14 days. As a result, Plaintiff's current notice of appeal is deemed timely filed. FURTHER ORDERED The Clerk shall serve a copy of this order on the Ninth Circuit Court of Appeals, reference case 12-16525. Signed by Judge David G Campbell on 8/17/12. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-11-01729-PHX-DGC

Ralph John Chapa,
Plaintiff,

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v.

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ORDER

Janies K. Brewer, et al.,

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Defendants.

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On February 22, 2012, the Court screened Plaintiff’s complaint, dismissed it for

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failure to state a claim, and granted Plaintiff 30 days to file an amended complaint.

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Doc. 21. The Court also provided instructions for filing civil rights complaints. Id.

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The Court’s order specifically stated that judgment would be entered against

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Plaintiff if he failed to file an amended complaint within 30 days. Id. at 10. When

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Plaintiff failed to file an amended complaint within that time, the Court entered judgment

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against him. Doc. 28. The judgment was entered on May 22, 2012. Plaintiff filed an

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untimely notice of appeal on July 3, 2012, asserting that he had never received notice of

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the judgment. Doc. 29. The Court of Appeals has remanded the case for this Court to

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consider reopening the time for appeal under Rule 4(a)(6) of the Federal Rules of

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Appellate Procedure. Doc. 34.

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The docket shows that Plaintiff has not been receiving mail sent by the Court,

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corroborating Plaintiff’s claim that he did not receive notice of the Court’s judgment. See

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Docs. 27, 32, 33. Because it appears that all requirements of Rule 4(a)(6) have been

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satisfied, the Court will reopen the time to file an appeal for a period of 14 days. The

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Court of Appeals has stated that Plaintiff need not file a new notice of appeal. Doc. 34.
IT IS ORDERED:
1.

Pursuant to Federal Rule of Appellate Procedure 4(a)(6), the period for

filing a notice of appeal is reopened for 14 days. As a result, Plaintiff’s current notice of
appeal is deemed timely filed.
2.

The Clerk shall serve a copy of this order on the Ninth Circuit Court of

Appeals, reference case 12-16525.
Dated this 17th day of August, 2012.

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