Sanchez-Gonzalez v. Felker

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that Petitioners 21 request for extension of time in which to file a notice of appeal is GRANTED; Petitioners April 9, 2012 appeal is deemed timely filed; and the Clerk of Court is directed to process petitioners appeal.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EMANUEL MARTIN,
SANCHEZ-GONZALEZ,

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Petitioner,

No. 2:11-cv-0637 KJM KJN P

vs.
MICHAEL McDONALD, Warden,
Respondent.

ORDER
/

On April 6, 2012, petitioner filed a request for extension of time to file a notice of
appeal. On April 9, 2012, petitioner filed a notice of appeal.
In this action, judgment was entered on February 2, 2012. A notice of appeal

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must be filed within thirty days after entry of judgment. Rule 4(a)(1), Rules of Appellate

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Procedure. However, the district court may extend the time to file a notice of appeal if “a party

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so moves no later than 30 days after the time prescribed by this Rule 4(a) expires,” and “shows

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excusable neglect or good cause.” Rule 4(a)(5)(A).

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Here, the deadline to file an appeal expired on March 30, 2012. Petitioner’s

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request for extension was filed seven days later, on April 6, 2012, and therefore falls within the

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additional thirty day period provided under Rule 4(a)(5)(A)(i). In addition, petitioner
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demonstrated excusable neglect or good cause as required by Rule 4(a)(5)(A)(ii). Accordingly,

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petitioner’s request to extend the deadline to appeal is granted, and the Clerk of Court is directed

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to process petitioner’s appeal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s April 6, 2012 request for extension of time in which to file a notice

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of appeal (dkt. no. 21) is granted;

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2. Petitioner’s April 9, 2012 appeal is deemed timely filed; and

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3. The Clerk of Court is directed to process petitioner’s appeal.

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DATED: April 23, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sanc0637.app

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