Sharpe v. McIntyre et al

Filing 41

ORDER denying 40 Motion for Leave to Appeal. Signed by Chief Judge J. Randal Hall on 10/22/2019. (jlh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

STEPHEN SHARPE,

*

Plaintiff,

*

*

*

*

V.

CV 618-015

*

MASSIE MCINTYRE,

5

et al. ,

■k

Defendants.

*

ORDER

Before the Court

is

a collection of documents

Plaintiff Stephen Sharpe.
to the United States

submitted by

Included in the collection is a letter

Court

of Appeals

for

the

Eleventh Circuit

which asks whether it is too late for Plaintiff to file an appeal.
The Eleventh Circuit Clerk marked the letter received on August 7,
2019 and forwarded the letter to this Court,

later.

Given

entry of
letter,

the

judgment
the

Court

considerable

in

this

case

construes

time

and

that

the

Plaintiff s

which filed it a day

elapsed

filing
filing

following

of
as

the
a

the

instant

motion

to

reopen the time to appeal and denies it for the following reasons.

This

Court

entered

judgment

dismissing

this

case

with

prejudice on June 7, 2018, which it amended to a dismissal without
prejudice on January 31,

judgment was amended.

2019.

Even measured from the date the

Plaintiff did not

until over 180 days later.

file the present motion

A motion to reopen the time to file an

appeal must be filed, at latest, within 180 days of the entry of

judgment.

Fed. R. App. P. 4(a)(6).

Thus, Plaintiff's motion is

untimely.

Plaintiff has also not made any of the other required

showings under the Rule.^

Upon consideration. Plaintiff's motion (doc. 40) is hereby
DENIED.

ORDER ENTERED at Augusta, Georgia this

aay of October,

2019.

fDGE

ITATES DISTRICT ^JUDGE

"STOTHERN district of GEORGIA

1 The Court notes that of the possible motions Plaintiff's filing
could be construed as. Rule 4(a)(6) has the most lenient timeline.
For example, if the Court were to construe Plaintiff's motion as
one for an extension of time under Rule 4(a)(5), it would still be
untimely because the deadline for such motions is 30 days from the
day on which the standard time to file a notice of appeal expired.