Isreal v. Holbrook et al

Filing 17

ORDER granting in part and denying in part Plaintiff's 16 Motion for Extension of Time. Plaintiff is granted an extension of THIRTY (30) DAYS in which to file his notice of appeal. Plaintiff's Notice of Appeal is due by 2/5/2018. Signed by Magistrate Judge Chelsey M. Vascura on 1/3/2018. (kpt)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MICHAEL ISREAL,
Plaintiff,
Civil Action 2:17-cv-116
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Chelsey M. Vascura

v.

JUDGE MICHAEL HOLBROOK, et al.,
Defendants.

ORDER
This matter is before the Court for consideration of Plaintiff’s Motion for an Extension of
Time, in which he seeks a 45-day extension of time to file his notice of appeal. (ECF No. 16.)
Federal Rule of Appellate Procedure 26(b)(1) provides that “the court may not extend the time to
file . . . a notice of appeal (except as authorized by Rule 4) or a petition for permission to appeal.”
Fed. R. App. P. 26(b)(1). Federal Rule of Appellate Procedure 4(a)(5) provides that an extension
of time is permitted if “a party so moves no later than 30 days after the time prescribed by this Rule
4(a)” and shows good cause. Fed. R. App. P. 4(a)(5)(A). However, “[n]o extension under this
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).
Here, for good cause shown, the Court GRANTS IN PART and DENIES IN PART
Plaintiff’s Motion. He is granted an extension of THIRTY (30) DAYS in which to file his notice
of appeal. Plaintiff is advised that the Federal Rules of Appellate Procedure prohibit further
extensions of time. See Fed. R. App. P. 26(b)(1); Fed. R. App. P. 4(a)(5)(C). Plaintiff must

therefore file his notice of appeal ON OR BEFORE FEBRUARY 5, 2018. See Fed. R. App. P.
26(a)(1)(C) (“[I]f the last day is Saturday, Sunday, or a legal holiday, the period continues to run
until the end of the next day that is not a Saturday, Sunday, or legal holiday.”).
IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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