Webber v. Gipson

Filing 20

Order by Hon. Vince Chhabria granting 19 Motion for Extension of Time to File Appeal.(knm, COURT STAFF) (Filed on 11/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOYAL M. WEBBER,

Case No. 13-cv-01444-VC

Plaintiff,
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v.

ORDER GRANTING MOTION TO
EXTEND TIME TO FILE APPEAL

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CONNIE GIPSON,

Re: Dkt. No. 19

Defendant.
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On May 7, 2014, judgment was entered against Petitioner Doyal M. Webber in this habeas

United States District Court
Northern District of California

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action. On November 4, 2014, Webber filed a motion for an extension of time to file an appeal.

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He indicates that he could not file a timely notice of appeal because he was in Administrative

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Segregation and without his legal papers from April 20, 2014 through September 22, 2014.

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Under Federal Rule of Appellate Procedure 4(a)(5), a court may extend the time to file a

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notice of appeal if (i) a party so moves no later than thirty days after the time prescribed by Rule

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4(a) expires; and (ii) regardless of whether the motion is filed during the thirty-day period, the

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party shows excusable neglect or good cause.

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The Court finds that the the thirty-day period for filing a notice of appeal began to run on

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September 22, 2014, when Webber received his legal papers and, thus, he has filed this motion

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within the time period prescribed by Federal Rule of Appellate Procedure 4(a)(5)(i). The Court

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also finds that Webber has shown good cause for not filing a timely notice of appeal. Therefore,

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Webber’s motion satisfies the requirements of Federal Rule of Appellate Procedure 4(a)(5). The

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motion for an extension of time to file a notice of appeal is granted.

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This Order terminates docket number 19.

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IT IS SO ORDERED.

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Dated: November 14, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOYAL M. WEBBER,

Case No. 13-cv-01444-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CONNIE GIPSON,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 11/14/2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Doyal M. Webber ID: AB3963
CSP- Los Angeles County
P.O. Box 8457
Lancaster, CA 93539-845

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Dated: 11/14/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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