Chesser v. Walton et al

Filing 296

MEMORANDUM AND ORDER, The Court GRANTS Chesser's ex parte motion for an extension of time to file a notice of appeal (Doc. 293); ORDERS that the appeal period is extended to August 23, 2017; GRANTS Chessers motion to file and maintain the motion for an extension of time ex parte (Doc. 291); and DIRECTS the Clerk of Court to maintain ex parte the ex parte motion for an extension of time to file a notice of appeal (Doc. 293). Signed by Judge J. Phil Gilbert on 6/14/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZACHARY CHESSER,
Plaintiff,
v.

Case No. 12-cv-1198-JPG-RJD

J.S. WALTON, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on two motions filed by plaintiff Zachary Chesser.
The first is an ex parte motion for a 60-day extension of time to file a notice of appeal under
Federal Rule of Civil Procedure 4(a)(5) (Doc. 293) and the second is a motion to file and maintain
the first motion ex parte (Doc. 291). The defendants object to allowing the motion for an
extension of time to remain ex parte (Doc. 295).
Chesser’s motion for an extension of time to file a notice of appeal reveals appellate
strategy. For that reason, the Court believes keeping the motion ex parte is appropriate at the
present time.
Federal Rule of Appellate Procedure 4 sets forth the timing rules relating to notices of
appeal. Rule 4(a)(1)(B) provides that, in a civil case involving the United States or its officers or
employees, the notice of appeal must be filed within 60 days of entry of the order from which the
appeal is taken. The Court may extend the time to file a notice of appeal if:
(i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a)
expires; and
(ii) regardless of whether its motion is filed before or during the 30 days after the
time prescribed by this Rule 4(a) expires, that party shows excusable neglect or
good cause.

Fed. R. App. P. 4(a)(5)(A). If these conditions are met, the Court may extend the deadline the
longer of either (1) 30 days beyond the original 60-day period or (2) 14 days after the order
granting the extension. Fed. R. App. P. 4(a)(5)(C). Even where both conditions are satisfied, the
decision to extend the deadline is at the Court’s discretion. See Garwood Packaging, Inc. v. Allen
& Co., 378 F.3d 698, 700 (7th Cir. 2004).
The judgment Chesser seeks to challenge was entered May 25, 2017 (Doc. 288). Thus,
under Rule 4(a)(1)(B), Chesser has until July 24, 2017, to file a notice of appeal. His current
motion is well within the time period set forth in Rule 4(a)(5)(A)(i). The Court believes there is
good cause for an extension, and it is therefore warranted. However, it cannot give Chesser the 60
days he requests. It is only empowered to extend the deadline by 30 days from the deadline set
forth in Rule 4(a)(1)(B), that is, until August 23, 2017.
For these reasons, the Court:


GRANTS Chesser’s ex parte motion for an extension of time to file a notice of appeal
(Doc. 293);



ORDERS that the appeal period is extended to August 23, 2017;



GRANTS Chesser’s motion to file and maintain the motion for an extension of time ex
parte (Doc. 291); and



DIRECTS the Clerk of Court to maintain ex parte the ex parte motion for an extension of
time to file a notice of appeal (Doc. 293).

IT IS SO ORDERED.
DATED: June 14, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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