Wilson v. Perkinson et al

Filing 12

ORDER signed by Magistrate Judge Dennis L. Beck on 12/10/2010 granting extension of time to file notice of appeal. (Lundstrom, T)

(PC) Wilson v. Perkinson et al

Doc. 12

1 2 3 4 5 HELDA WILSON, 6 Plaintiff, 7 v. 8 R. PERKINSON, et al., 9 Defendants. 10 11 Plaintiff Helda Wilson ("Plaintiff") is a prisoner in the custody of the California 12 Department of Corrections and Rehabilitation, proceeding pro se. On August 24, 2010, the Court 13 dismissed Plaintiff's action without prejudice for failure to pay the filing fee or file an application 14 to proceed in forma pauperis. Doc. 5. On October 8, 2010, Plaintiff filed a notice of appeal to 15 the United States Court of Appeals for the Ninth Circuit. 16 On December 8, 2010, the Ninth Circuit remanded the notice of appeal to this Court for 17 the limited purpose of adjudicating Plaintiff's October 8, 2010 motion. Doc. 11. In Plaintiff's 18 notice of appeal, Plaintiff contends that he was on lockdown from September 6, 2010 to 19 September 29, 2010, and did not have any access to the law library. The Ninth Circuit construed 20 this as a motion for extension of time pursuant to Federal Rule of Appellate Procedure 4(a)(5). 21 The Court finds good cause to grant Plaintiff an extension of time to appeal. 22 Accordingly, Plaintiff's motion, filed October 8, 2010, is GRANTED. Plaintiff is granted an 23 additional twenty-three (23) days. As Plaintiff's notice was filed on October 8, 2010, Plaintiff's 24 appeal is timely. 25 IT IS SO ORDERED. 26 Dated: 27 3b142a 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:10-CV-01086-DLB PC ORDER GRANTING PLAINTIFF EXTENSION OF TIME TO FILE NOTICE OF APPEAL (DOC. 7) /

December 10, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE