Thompson v. Donahoe

Filing 96

ORDER by Judge Elizabeth D. Laporte denying as moot 93 Motion reopen time to file appeal (lrc, COURT STAFF) (Filed on 10/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TRACEY THOMPSON,

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United States District Court
For the Northern District of California

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No. C -11-01670 (EDL)

Plaintiff,

ORDER

v.
PATRICK R. DONAHOE, Postmaster General
of the United States Postal Service,
Defendant.

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Before the Court is Plaintiff’s Motion to Reopen Time for Filing Notice of Appeal (Dkt 93).
The Court entered judgment in this case on June 27, 2013. Plaintiff filed her Notice of Appeal on
July 29, 2013, which is 32 days after the Court entered judgment. Plaintiff asserts that the Court
should reopen the time for her to file a Notice of Appeal under Federal Rule of Appellate Procedure
4(a)(6).
The Court need not reach the merits of Plaintiff’s motion because her Notice of Appeal
appears to have been timely filed. Under Federal Rule of Appellate Procedure 4(a)(1)(B), which
applies because Defendant is a United States officer sued in an official capacity, Plaintiff had 60
days from entry of judgment to file her Notice of Appeal. Plaintiff filed her Notice of Appeal 32
days after entry of judgment. Because Plaintiff’s Notice of Appeal appears timely, the Court denies
her motion to reopen as moot.
IT IS SO ORDERED
Dated: 10/22/13
ELIZABETH D. LAPORTE
United States Magistrate Judge