Harrison v. Sachse et al

Filing 39

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for extension of time to file a notice of appeal [Doc. # 38 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff=s notice of appeal must be filed by placing it in the prison mai ling system no later than April 23, 2016. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form "Notice of Appeal - Prisoner." (A copy of the Memorandum and Order and Notice to Appel - Prisoner was mailed to the Plaintiff.) Signed by District Judge Audrey G. Fleissig on 3/31/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEVIN HARRISON,

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Plaintiff,
v.
JENNIFER SACHSE, et al.,
Defendants.

No. 4:15CV631 AGF

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s motion for extension of time to file a notice of
appeal. Plaintiff requests an extension of time to file his appeal because of the unavailability of
paperwork due to his incarceration. The Court will grant his motion.
Under Rule 4(a)(5)(A) of the Federal Rules of Appellate Procedure, this Court may extend
the time for filing a notice of appeal if the Aparty so moves no later than 30 days after the time
prescribed by this Rule 4(a) expires@ and if the Aparty shows excusable neglect or good cause.@
ANo extension under . . . Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after
the date when the order granting the motion is entered, whichever is later.@ Fed.R.App.P.
4(a)(5)(C). The United States Court of Appeals for the Eighth Circuit has counseled that pro se
appellants may be given Aspecial consideration . . . regarding their notices of appeal.@ Weekley v.
Jones, 927 F.2d 382, 386 (8th Cir. 1991).
The Court dismissed plaintiff=s case pursuant to Fed.R.Civ.P.12(b)(6) and Fed.R.Civ.P.56
on February 24, 2016. Under Rules 4(a)(1)(A) and 25(a)(2)(C) of the Federal Rules of Appellate
Procedure, plaintiff=s notice of appeal was due to be placed in the mail system at Missouri Eastern
Correctional Center (AMECC@) no later than March 25, 2016. Plaintiff placed his motion for

extension of time in MECC=s mail system on March 21, 2016. As a result, plaintiff=s motion for
extension of time was timely filed. Additionally, the Court finds that plaintiff=s pro se status is
good cause for granting the motion.
Plaintiff=s motion, therefore, will be granted. The Court will extend the time for filing a
notice of appeal on or before April 23, 2016.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion for extension of time to file a notice of
appeal [Doc. #38] is GRANTED.
IT IS FURTHER ORDERED that plaintiff=s notice of appeal must be filed by placing it
in the prison mailing system no later than April 23, 2016.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court=s
form ANotice of Appeal B Prisoner.@
Dated this 31st day of March, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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