Dwight A Staten v. Nancy A. Berryhill

Filing 26

ORDER TO SHOW CAUSE RE GROUNDS TO REOPEN TIME TO FILE AN APPEAL by Magistrate Judge Suzanne H. Segal. Based upon Plaintiff's current Notice of Appeal and request for extension, the Court cannot make the determinations required by the rule. Accordingly, the Court issues an Order to Show Cause Regarding Grounds to Reopen Time To File An Appeal, requiring Plaintiff to respond in 14 days (see order for details) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3973-SS

Title

Dwight A. Staten v. Nancy A. Berryhill

Present: The Honorable

Date

July 16, 2018

Suzanne H. Segal

Marlene Ramirez

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None present

None present

Proceedings:

ORDER TO SHOW CAUSE RE GROUNDS TO REOPEN TIME
TO FILE AN APPEAL

On March 12, 2018, this Court entered judgment affirming the decision of the Commissioner of
the Social Security Administration. Plaintiff was represented by Steven G. Rosales of Lawrence D.
Rohlfing Law Offices during the proceedings before the district court. The deadline for filing a Notice of
Appeal was 60 days from March 12, 2018, or May 12, 2018. See Federal Rule Appellate Procedure
4(a)(1)(B).
On May 17, 2018, Plaintiff, without counsel, filed a document entitled “Notice of Appeal.” The
Court construes this document as Plaintiff’s intent to file a Notice of Appeal. However, the document
was untimely filed as it was filed five days after the deadline expired. Plaintiff included a request for an
extension of time, but it is unclear exactly what type of extension Plaintiff was seeking.
Under FRAP Rule 4(a)(6), a party may move the district court to reopen the time for an appeal.
The district court may reopen the time to file the appeal if the court finds that (1) the moving party did not
receive notice within 21 days of entry; (2) the motion is filed within 180 days after the judgment or within
14 days after the moving party receives notice of the judgment, whichever is earlier; and (3) the court
finds no prejudice to any party.
Based upon Plaintiff’s current Notice of Appeal and request for extension, the Court cannot make
the determinations required by the rule. Accordingly, the Court issues an Order to Show Cause Regarding
Grounds to Reopen Time To File An Appeal, requiring Plaintiff to respond in 14 days and address the
questions above. That is, Plaintiff must identify when notice of the judgment was received. Furthermore,
Plaintiff and Defendant may address the issue of prejudice.
IT IS SO ORDERED
:

CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3973-SS

Date

Title

July 16, 2018

Dwight A. Staten v. Nancy A. Berryhill
MR

CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 2 of 2