Hollis v. Reisenhoover et al

Filing 145

ORDER GRANTING MOTION FOR EXTENSION TO FILE APPEAL by Judge Beth Labson Freeman. Granting 144 Motion for Extension of Time to File.Notice of Appeal due by 8/17/2020. (tshS, COURT STAFF) (Filed on 7/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Case 5:17-cv-00326-BLF Document 145 Filed 07/21/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 12 MARVIN GLENN HOLLIS, Plaintiff, v. 13 14 15 Case No. 17-00326 BLF (PR) ORDER GRANTING MOTION FOR EXTENSION TO FILE APPEAL RISENHOOVER, et al., Defendants. (Docket No. 144) 16 17 18 Plaintiff, a California state prisoner, filed a pro se civil rights complaint under 42 19 U.S.C. § 1983. On June 18, 2020, the Court granted Defendants’ motion for summary 20 judgment, denied Plaintiff’s cross-motion for summary judgment, and entered judgment 21 the same day. Dkt. Nos. 141, 142. On July 16, 2020, Plaintiff filed a motion for an 22 extension of time to file an appeal due to program suspensions at the prison, including the 23 law library, due to COVID-19. Dkt. No. 144. 24 An appeal of right may be taken only by filing a valid notice of appeal in the district 25 court within the time allowed by the Federal Rules of Appellate Procedure. Fed. R. App. 26 P. 3(a)(1). Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of 27 appeal “be filed with the district clerk within 30 days after the entry of the judgment or 28 order appealed from.” Fed. R. App. P. 4(a)(1)(A). Rule 4(a)(5) allows a motion for an Case 5:17-cv-00326-BLF Document 145 Filed 07/21/20 Page 2 of 2 1 extension of time if the party requests it within thirty days of the expiration of the time to 2 file the notice and shows excusable neglect or good cause. Fed. R. App. P. 4(a)(5). The 3 extension must be for no later than thirty days after the original deadline, or fourteen days 4 after the entry of the order granting the motion, whichever is later. Id. 5 Since judgment was entered on June 18, 2020, Plaintiff had until July 18, 2020, to 6 file a timely notice of appeal. Fed. R. App. P. 4(a)(1). Accordingly, Plaintiff’s motion for 7 extension of time filed on July 16, 2020, is timely. Id. Having also shown good cause, 8 Plaintiff’s motion is GRANTED. 9 Plaintiff must file his notice of appeal no later than either August 17, 2020, (30 days after the original deadline of July 18, 2020), or fourteen days after the date this 11 United States District Court Northern District of California 10 order is filed, whichever is later. 12 This order terminates Docket No. 144. 13 IT IS SO ORDERED. 14 Dated: __July 21, 2020____________ ________________________ BETH LABSON FREEMAN United States District Judge 15 16 17 18 19 20 21 22 23 24 25 Order Granting Ext. of Time to File Appeal PRO-SE\BLF\CR.17\00326Hollis_eot.appeal 26 27 28 2

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