White v. Wallace

Filing 33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner motion for extension of time [# 31 ] is denied. Signed by District Judge Carol E. Jackson on 6/2/17. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEWAYNE WHITE,

)
)
)
)
)
)
)
)
)

Petitioner,
vs.
IAN WALLACE,
Respondent.

Case No. 4:14-CV-1357 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for an extension of
time to file a notice of appeal.
The judgment in this case was entered on April 17, 2017. Under the Federal
Rules of Appellate Procedure, petitioner had thirty days from that date in which to
file a notice of appeal.

Fed. R. App. P.

4(a)(1)(A).

Petitioner filed the instant

motion on April 27, 2017, before the time for filing the notice of appeal had
expired.
In the motion, petitioner states that he needs additional time because he is
“requesting the right documents” to file his appeal. However, Fed. R. App. P.
3(c)(1) only requires that the notice of appeal (A) specify the party taking the
appeal, (B) designate the judgment or order being appealed, and (C) name the
court to which the appeal is taken. Thus, the lack of the “right documents” was no
impediment to filing a timely notice of appeal. Furthermore, the Court finds that
petitioner has failed to demonstrate excusable neglect or good cause for an
extension of time, as required by Fed. R. App. P. 4(a)(5)(A)(ii).

Accordingly,
IT IS HEREBY ORDERED that petitioner’ motion for extension of time [#31]
is denied.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of June, 2017.

-2-