Bailem v. State of Florida

Filing 49

OPINION AND ORDER granting re: 46 MOTION for Extension of Time to File a notice of appeal. Signed by Judge Sheri Polster Chappell on 7/18/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TREMAINE L. BAILEM,
Petitioner,
v.

Case No: 2:16-cv-18-FtM-38MRM

STATE OF FLORIDA and
SECRETARY, DOC,
Respondents.
/
OPINION AND ORDER1
This matter comes before the Court on Petitioner, Tremaine Bailem's Motion for
Extension of Time to File Notice of Appeal (Doc. #46) filed on July 14, 2017. Bailem
moves the Court to enlarge the time for him to file his appeal by thirty days. As grounds,
Bailem argues that he has filed a Motion for Reconsideration and a Motion to Amend
Final Judgment. Bailem does not wish to file his appeal until such time the Court rules
on his pending Motions.
The Federal Rules of Appellate Procedure provide that a party in a civil case must
file a notice of appeal “within 30 days after the judgment or order appealed from is
entered” in order to invoke the jurisdiction of the appellate court. Fed. R. App. P.

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4(a)(1)(A). The timely filing of a notice of appeal is a mandatory prerequisite to the
exercise of appellate jurisdiction. Advanced Estimating Sys., Inc. v. Riney, 77 F.3d 1322,
1323 (11th Cir. 1996). However, a district court may extend the time to appeal if the party
establishes “excusable neglect or good cause” to justify the late filing. Fed. R. App. P.
4(a)(5)(A)(ii).
In this instance, the Court finds good cause to grant the thirty day extension of
time.
Accordingly, it is now
ORDERED:
Petitioner, Tremaine Bailem's Motion for Extension of Time to File Notice of Appeal
(Doc. #46) is GRANTED. The deadline to file his appeal with the Eleventh Circuit is
extended up to and including August 18, 2017.
DONE and ORDERED in Fort Myers, Florida this 18th day of July, 2017.

Copies: All Parties of Record

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