Parks v. Coe et al

Filing 104

ORDER. The motion for extension of time to appeal (Doc. 87 ) is GRANTED in accordance with Federal Rule of Appellate Procedure 4(a)(5)(C); the Notice of Appeal filed on October 2, 2020 is deemed timely. Signed by Judge Staci M. Yandle on 8/10/2021. (ksp)

Case 3:18-cv-01300-SMY Document 104 Filed 08/10/21 Page 1 of 2 Page ID #403

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAMON B. PARKS, #B01868,
Plaintiff,
vs.
JOHN COE and RANDALL BROOKS,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 3:18-cv-01300-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiff filed a Notice of Appeal on October 2, 2020 regarding the August 26, 2020 Order
and Judgment granting Defendants’ motions for summary judgment and dismissing this case.
(Doc. 87). A Declaration from another inmate acknowledging that the appeal was late and
explaining the reason for the untimely filing was attached to the Notice of Appeal. (Id.). This
matter has been remanded to this Court to determine whether to extend the time to appeal. (Doc.
102).
Federal Rule of Appellate Procedure 4(a)(5)(A) authorizes a court to extend the time to file
a notice of appeal upon a showing of excusable neglect or good cause:
The relevant question is one of fault, as “[t]he excusable neglect standard applies
in situations in which there is fault; in such situations, the need for extension is
usually occasioned by something within the control of the movant.” [citations
omitted] On the other hand, the good cause standard “applies in situations in which
there is no fault—excusable or otherwise.”
Sherman v. Quinn, 668 F.3d 421, 425 (7th Cir. 2012) (quoting from the advisory committee notes
to the 2002 amendments to Rule 4).
According to the afore-mentioned Declaration, Plaintiff’s failure to timely file his Notice
was not the result of neglect on his part, but was due to his inability to access his legal documents
1

Case 3:18-cv-01300-SMY Document 104 Filed 08/10/21 Page 2 of 2 Page ID #404

during a lockdown due to COVID-19. Moreover, his extension request was timely. As such, the
Court finds good cause for granting the same. Accordingly, the motion for extension of time to
appeal (Doc. 87) is GRANTED in accordance with Federal Rule of Appellate Procedure
4(a)(5)(C); the Notice of Appeal filed on October 2, 2020 is deemed timely.
IT IS SO ORDERED.
DATED: August 10, 2021
s/ Staci M. Yandle_____
STACI M. YANDLE
United States District Judge

2