Benally v. Ryan et al

Filing 27

ORDER GRANTING the motion to extend the time to appeal (doc. 26 ). Signed by Judge Frederick J Martone on 1/8/2013. (Note: Document #23 Request for Certificate of Appealability was docketed as a Notice of Appeal on 1/3/2013.) (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dean Benally,
Petitioner,

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vs.

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Charles L. Ryan,
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Respondent.
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No. CV-11-8203-PCT-FJM
ORDER

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We have before us petitioner’s motion for extension of time to appeal (doc. 26). On

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November 15, 2012, we filed an order dismissing with prejudice petitioner’s petition for writ

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of habeas corpus and denying a certificate of appealability (doc. 20). Pursuant to Rule 11(b),

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Rules Governing Section 2254 Cases, and Rule 4(a), Fed. R. App. P., petitioner had 30 days

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from the date our order was filed to file a notice of appeal. Therefore, petitioner’s notice of

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appeal was due on or before December 15, 2012. Petitioner did not file a notice of appeal

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until January 3, 2013 (doc. 23). He now asks us to extend the time for filing a notice of

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appeal, asserting that he was transferred to another unit on November 24, 2012, and he did

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not receive notice of our order until December 20, 2012.

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Under Rule 4(a)(5)(A), Fed. R. App. P., we may extend the time to appeal if the party

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moves for an extension no later than 30 days after the prescribed time to appeal expires, and

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shows excusable neglect or good cause. Petitioner has satisfied this standard.

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Therefore, IT IS ORDERED GRANTING the motion to extend the time to appeal
(doc. 26).
DATED this 8th day of January, 2013.

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