Reese v. Davis-Director TDCJ-CID

Filing 36

MEMORANDUM OPINION AND ORDER denying 34 MOTION for Extension of Time (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
RODERICK L REESE,
TDCJ # 01027930,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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January 16, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17-CV-0389

MEMORANDUM OPINION AND ORDER
In this habeas corpus action, the Court granted summary judgment for Respondent
and entered final judgment (Dkt. 31, Dkt. 32) on September 25, 2018. On December 21,
2018, Petitioner Roderick L. Reese filed a notice of appeal (Dkt. 33) and a motion for
extension of time to appeal (Dkt. 34). Petitioner states that he attempted to file a timely
appeal on November 5, 2018, but “‘inadvert[e]ntly’ by mistake put the wrong heading
and cause number” on his notice of appeal, causing it to be filed in Civil Action No. 4:172844.
Federal Rule of Appellate Procedure 4(a)(1)(A) provides that an appeal in a civil
action must be filed within 30 days after entry of the judgment or order being appealed.
The district court may extend the time to file a notice of appeal if (1) a party moves for an
extension no later than 30 days after the deadline and (2) the party shows “excusable
neglect or good cause.” FED. R. APP. P. 4(a)(5)(A).
In this case, Petitioner’s deadline to file his notice of appeal was October 25, 2018,
which is 30 days after judgment was entered on September 25, 2018.
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Even if

Petitioner’s explanation could suffice as excusable neglect or good cause under Rule
4(a)(5)(A)(ii), this Court would lack authority to extend his deadline because his motion
for extension of time was filed outside the 30-day period.

See FED. R. APP. P.

4(a)(5)(A)(i); Stotter v. Univ. of Texas at San Antonio, 508 F.3d 812, 820 (5th Cir. 2007).
Therefore, Petitioner’s motion for extension of time to appeal (Dkt. 34) is DENIED.
The Clerk of this Court is instructed to send a copy of this order to the parties.
SIGNED at Galveston, Texas, this 16th day of January, 2019.
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George C. Hanks Jr.
United States District Judge

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