Bangmon v. Alexander et al

Filing 86

ORDER. Bangmons request for an extension of time to file his notice of appeal is GRANTED. (Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3)

United States District Court
Southern District of Texas

ENTERED
February 03, 2020
David J. Bradley, Clerk

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JERRY LENEZ BANGMON,
TDCJ # 01568309,
Plaintiff,
VS.
DAMON ALEXANDER, et al.,
Defendants.

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CIVIL ACTION NO. 3:14-370
APPEAL NO. 18-41043

ORDER
Plaintiff Jerry Lenez Bangmon has appealed this Court’s dismissal of his civil
rights claims, which was entered on September 5, 2018 (Dkt. 64, Dkt 65). He filed his
notice of appeal (Dkt. 67) on October 31, 2018. On January 28, 2020, the Court of
Appeals remanded the case for a determination as to whether Bangmon’s deadline for
filing his notice of appeal should be extended. See Dkt. 85.
Federal Rule of Appellate Procedure 4(a)(5) permits a district court to extend the
time to file a notice of appeal if the party shows excusable neglect or good cause. FED. R.
APP. P. 4(a)(5)(A)(ii). Bangmon’s notice of appeal attached a declaration executed on
October 24, 2018, in which he stated that he had surgical procedures on September 12
and 19, 2018, and requested that his late-filed notice of appeal be accepted as timely
(Dkt. 67, at 3).

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The Court finds good cause to extend Bangmon’s time to file his notice of appeal.
Therefore, having considered Bangmon’s filings and all matters of record, the Court now
ORDERS that Bangmon’s request for an extension of time to file his notice of appeal is
GRANTED.
SIGNED at Houston, Texas, on February 3, 2020.

_________________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE

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