Chapman v. Barcus et al

Filing 49

OPINION AND ORDER by Chief Judge Claire V Eagan ; finding as moot 48 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: 45 Notice of Appeal to Circuit Court,, ) (RGG, Chambers)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA RAYMOND G. CHAPMAN, Plaintiff, v. MARK BARCUS, JODI JOHNSON BAKER, KEVIN GASSAWAY, and ROSEMARIE L. DAMILAO, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Case No. 08-CV-0497-CVE-PJC

OPINION AND ORDER Now before the Court is plaintiff1 Raymond G. Chapman's Motion for Enlargement of Time for Filing A Notice of Appeal (Dkt. # 48). Plaintiff requests additional time to file a notice of appeal. However, plaintiff has already filed a notice of appeal. On June 10, 2009, plaintiff filed a notice of appeal that included all of the issues that he now seeks additional time to raise.2 See Dkt. # 45 (appealing Dkt. ## 25, 26, 37, 38, and 42). Accordingly, there is no reason for the Court to grant an extension of time to file a notice of appeal. IT IS THEREFORE ORDERED that the plaintiff's Motion for Enlargement of Time for Filing A Notice of Appeal (Dkt. # 48) is moot. DATED this 7th day of July, 2009.

1

Plaintiff again purports to file this motion on behalf of his minor son, Kobi Kyler Chapman. Plaintiff is not permitted to file motions on behalf of his son. See Dkt. # 25, n. 3. To the extent that plaintiff's notice of appeal was untimely, that issue will be addressed by the Tenth Circuit because there is a pending motion to dismiss the appeal in Tenth Circuit Case No. 09-5085.

2