Boles v. Neet, et al
ORDER Granting in part 323 Plaintiff's Motion for Extension of Time to File Notice of Appeal. Plaintiff has up to and including 11/16/09 to file his notice of appeal. Granting 322 Plaintiff's Motion to Waive Copy Requirements provided he files at least one original copy of his notice of appeal, by Chief Judge Wiley Y. Daniel on 10/23/09.(gms, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 03-cv-00557-WYD-KLM RUSSELL MARSHALL BOLES, Plaintiff, v. GARY D. NEET, et al., Defendants.
ORDER THIS MATTER is before the Court on Plaintiff's Motion for Extension of Time to File Notice of Appeal, filed October 16, 2009 [#323]. Judgment entered in this case on September 30, 2009, and pursuant to Fed. R. App. P. 4(a)(1), Plaintiff has until October 30, 2009 to file his Notice of Appeal. The district court may grant an extension of time for the filing of a Notice of Appeal under Rule 5(A)(i) if the request for extension is made no later than thirty days after the time prescribed by Rule 4(a) expires, and where a party demonstrates good cause or excusable neglect. Here, Plaintiff requests a thirtyday extension of time stating that he has "extremely restricted access to a law library and other cases in the works." While Plaintiff's limited access to the law library may constitute "good cause" for an extension, I do not find the fact that he has "other cases in the works" to demonstrate good cause or excusable neglect.
Therefore, it is hereby ORDERED that Plaintiff's Motion for Extension of Time to File Notice of Appeal, filed October 16, 2009 [#323] is GRANTED IN PART. Plaintiff shall have up to and including Monday November 16, 2009 to file his Notice of Appeal in this case. It is FURTHER ORDERED that Plaintiff's Motion to Waive Copy Requirements, filed October 16, 2009 [#322] is GRANTED provided that Plaintiff file at least one original copy of his Notice of Appeal. Dated: October 23, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge
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