Nicholson v. Medina et al

Filing 155

ORDER granting 153 plaintiff's Motion for Extension of Time to file Notice of Appeal, signed by Judge Kimberly J. Mueller on 1/8/14. Plaintiff has until February 10, 2014 to file his notice of appeal. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELDRED NICHOLSON,

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No. 2:10-cv-1425-KJM-EFB

Plaintiff,
v.

ORDER

D. MEDINA,
Defendant.

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This matter is before the court on plaintiff’s Ex Parte Motion For 30-Day

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Extension To File A Notice Of Appeal. (ECF 153.) Federal Rule of Appellate Procedure 4(a)(5)

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authorizes this court to extend time for up to 30 days if plaintiff (1) moves no later than 30 days

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after the entry of judgment and (2) demonstrates good cause or excusable neglect. The court

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grants the motion because plaintiff has satisfied both conditions.

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First, the instant motion was timely filed. Judgment after the jury verdict was

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entered on December 11, 2013. (ECF 146.) Plaintiff filed the instant motion fewer than 30 days

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later on January 6, 2014. (ECF 153.) Second, plaintiff has demonstrated good cause. Plaintiff is

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incarcerated at Corcoran State Prison; on December 23, 2013, he contacted his counsel for the

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first time after the trial and explained that he had only just returned to that prison and was just

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given his first opportunity to call counsel. (ECF 153 at 1.) Counsel informed plaintiff of his

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appeal options and plaintiff asked for time to consider them. (Id.) Plaintiff stated he would call
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counsel the following week if he was permitted to call. (Id.) Counsel has sent follow-up letters

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but has not heard from plaintiff since. (Id.) Because of plaintiff’s delayed return to prison and

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his counsel’s difficulty in contacting him, the court finds good cause exists to grant a 30-day

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extension.

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Plaintiff has until February 10, 2014 to file his notice of appeal.

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IT IS SO ORDERED.

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DATE: January 8, 2014.

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UNITED STATES DISTRICT JUDGE
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