Cole v. City of Aurora, Colorado et al

Filing 99

MINUTE ORDER granting 96 Plaintiff's MOTION(s) for an Extension of Time for the (Maximum) Amount of Time Allowed by Judge Philip A. Brimmer on 09/11/2017. The Court may grant plaintiff a 14-day extension from the date this order is entered. Accordingly, plaintiff may file a notice of appeal on or before September 25, 2017. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 16-cv-00588-PAB-MJW
DEREK W. COLE,
Plaintiff,
v.
SGT. TIM E. GENARO, Aurora Police Department, City of Aurora, Colorado, in his
official capacity,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on Plaintiff’s motion for an extension of time to
file a notice of appeal [Docket No. 96]. Plaintiff is pro se in this matter but is a licensed
attorney in the state of Colorado. The Court construes plaintiff’s filings liberally, but
plaintiff’s “status as a licensed attorney reduces the deference to which he is entitled as
a pro se litigant.” Baldwin v. United States, No. 11-cv-02033-MSK-KLM, 2012 WL
7051296, at *1 n.1 (D. Colo. Sept. 17, 2012) (citation om itted).
Plaintiff requests the maximum allowable extension of time to file a notice of
appeal pursuant to Fed. R. App. P. 4(a)(5). Docket No. 96 at 1-2. Under Rule 4, a
party has 30 days to file an appeal from the date of judgment or the date of the order to
be appealed. Fed. R. App. P. 4(a)(1)(A). The district court may extend the time to file a
notice of appeal if a party moves for an extension of time to file a notice of appeal no
later than 30 days after the deadline and the party shows excusable neglect or good
cause. Fed. R. App. P. 4(a)(5)(A). Defendants do not oppose plaintiff’s request for an
extension. Docket No. 98.
Having reviewed plaintiff’s motion, the Court finds that his motion is timely and
good cause exists to grant plaintiff an extension of time to file a notice of appeal.
Pursuant to Fed. R. App. P. 4(a)(5)(C), the Court may grant plaintiff a 14-day extension
from the date this order is entered. Accordingly, plaintiff may file a notice of appeal on
or before September 25, 2017.
DATED: September 11, 2017.