Krongkiet v. Cate

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/01/13 ordering petitioner's request for an extension of time to file a notice of appeal 34 is granted. The notice of appeal filed 03/11/13 is deemed timely. (Plummer, 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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CHOKCHAI KRONGKIET,

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Petitioner,
vs.
MATTHEW CATE,

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Respondent.

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No. 2:11-cv-2354 GEB CKD P

ORDER
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On March 11, 2013, petitioner filed a document that the Ninth Circuit Court of Appeals

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has construed as a request for an extension of time to file a notice of appeal. Rule 4 of the

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Federal Rules of Appellate Procedure provides that, in a civil case such as this, a notice of appeal

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must be filed with the district court clerk within 30 days after entry of judgment or the order

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appealed from. FRAP Rule 4(a)(1)(A). In this case, judgment was filed on January 16, 2013.

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(Dkt. No. 33.)

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The district court may extend the time to file a notice of appeal if a party so moves no

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later than 30 days after the time prescribed by Rule 4(a) expires and shows excusable neglect or

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good cause. FRAP Rule 4(a)(5)(A). Because petitioner moved for an extension of time within

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sixty days of the entry of judgment in this matter, and has shown good cause for filing late, the

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court will grant his request for an extension of time to file a notice of appeal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for an extension of time to file a notice of appeal (ECF No. 34) is

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granted; and

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2. The notice of appeal filed March 11, 2013 is deemed timely.

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Dated: July 1, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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