Bloom v. United States Department of the Treasury

Filing 25

ORDER granting the 23 Motion for Extension of Time. Petitioner or his legal guardian must file a notice of appeal on or before January 20, 2014. Signed by Senior Judge Frederick J Martone on 12/9/2013.(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Petitioner,
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vs.
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United States Department of Treasury, )
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Respondent.
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_________________________________ )
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United States of America,
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Plaintiff,
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vs.
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Rolls Royce Phantom Sedan 2004, VIN #)
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SCA1S68444UX07410,
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Defendant.
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Joshua Bloom,

No. CV-12-1999-PHX-FJM
No. CV-12-2337-PHX-FJM
ORDER

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Before the court is petitioner Joshua Bloom’s motion to extend the time to file an
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appeal (doc. 23, 12-CV-1999; doc. 25, 12-CV-2337). Bloom seeks an additional 60 days in
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which to file a notice of appeal of our orders denying his motions to set aside default and re25
open cases. (doc. 22, 12-CV-1999; doc. 24, 12-CV-2337). The Government has not filed
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objections to the motions.
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The orders from which Bloom hopes to appeal were filed on September 20, 2013.
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Therefore, the deadline for filing an appeal was November 20, 2013. Fed. R. App. P.

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4(a)(1)(B) (60-day deadline to appeal when any party is the United States). A motion to

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extend the time to appeal must be filed with the district court “no later than 30 days after the

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time prescribed by Rule 4(a) expires” and the moving party demonstrates “excusable neglect

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or good cause.” Fed. R. App. P. 4(a)(5)(A)(i) and (ii). Because Bloom filed his motion for

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extension of time within the 30-day window, the only question before us is whether Bloom

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has demonstrated good cause or excusable neglect.

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Bloom contends that good cause exists because he was adjudicated incompetent by

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Judge Pro Tem Barbara Spenser in the Superior Court of Arizona in Maricopa County and

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he is still undergoing court-ordered competency restoration.
We agree that Bloom’s adjudicated lack of competency in the Superior Court
constitutes good cause for a 60-day continuance of time to perfect an appeal.

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Therefore, IT IS ORDERED GRANTING petitioner’s motions for extension of time

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(doc. 23, 12-CV-1999; doc. 25, 12-CV-2337). Petitioner or his legal guardian must file a

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notice of appeal on or before January 20, 2014.

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DATED this 9th day of December, 2013.

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