Jones v. Nebraska Department of Correctional Services Officials et al
MEMORANDUM AND ORDER that Plaintiff's second request for an extension of time in which to file a notice of appeal (Filing No. 71 ) is denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NEBRASKA DEPARTMENT OF
OFFICIALS, et al.,
This matter is before the court on Plaintiff’s second request for an extension
of time in which to file a notice of appeal (Filing No. 71). The court entered
judgment in this case on May 18, 2015 (Filing No. 68). Therefore, the prescribed
deadline for filing a notice of appeal was June 17, 2015. See Fed. R. App. P.
4(a)(1)(A) (in civil case, notice of appeal must be filed with district court clerk within
30 days after judgment appealed from is entered). On June 8, 2015, Plaintiff timely
filed a motion under Federal Rule of Appellate Procedure 4(a)(5) for an extension of
time to file a notice of appeal. On June 9, 2015, the court entered an order granting
Plaintiff’s request for an extension of time.
Here, Plaintiff seeks a second extension of time in which to file a notice of
appeal. However, under the Federal Rules of Appellate Procedure, the deadline for
filing the notice of appeal cannot be extended beyond the later date between thirty
days after the prescribed June 17 filing deadline and fourteen days after the June 9
order. See Fed. R. App. P. 4(a)(5)(C) (no extension under Rule 4(a)(5) may exceed
30 days after prescribed time to file notice of appeal or 14 days after date when order
granting motion is entered, whichever is later), 26(b)(1) (court may not extend time
to file notice of appeal except as authorized by Rule 4).
IT IS THEREFORE ORDERED that: Plaintiff’s second request for an
extension of time in which to file a notice of appeal (Filing No. 71) is denied.
DATED this 17th day of July, 2015.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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