Simpson v. Cruz et al

Filing 151

ORDER GRANTING 150 Motion for Extension of Time to File Notice of Appeal on or before November 29, 2011. Signed by Judge Nancy Stein Nowak. (rg)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
Stephen O’Neil Simpson,
TDCJ No. 738373,
Plaintiff,
v.
Officer Adam Cruz,
Officer James Flores,
Officer Anthony Corpus,
Officer Shelley Grayson,
Sergeant Michael Huser,
Lieutenant Szndra Hartoon,
Lieutenant Brian Peterson,
Major Darren Wallace,
Lieutenant Alberto Diaz,
Sergeant Lionel Porras,
Sergeant Vernet Davis,
Lieutenant Robert Bluhm,
Sergeant Steven Havard,
Assistant Warden Gary Hunter,
Warden Paul Morales,
L.V.N. Peggy Gohlke,
Officer Tiffany Smith,
Officer Francine Aguero,
Officer Jose Aguero,
Officer Paul Martinez,
O.I.G. David Guajardo,
O.I.G. Shelia Thomas,
O.I.G. Jonny Santana,
Director Rick Thaler,
Defendants.

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Civil Action No. SA-09-CV-0125-NN

ORDER EXTENDING TIME TO FILE NOTICE OF APPEAL
This order addresses plaintiff Stephen O’Neil Simpson’s motion for an extension

of time to file a notice of appeal. Rule 4 provides that a notice of appeal “must be filed
with the district clerk within 30 days after the judgment…appealed from is entered.”1
Simpson seeks to appeal to a judgment entered on October 5, 2011. Rule 4 permits the
trial court to extend the time to file a notice of appeal if an appellant asks for an
extension of time within the time period for filing a notice of appeal.2 Simpson’s motion
was filed within the time for filing a notice of appeal. Because the rule permits the court
to extend the deadline for filing a notice of appeal until “14 days after the date when the
order granting the motion is entered,”3 I grant Simpson’s request (docket entry # 150)
and extend his deadline until November 29, 2011.
The Clerk is DIRECTED to provide a copy of this Order to Simpson at TDCJ
Wynne Unit, 810 FM 1821 West, Huntsville, Texas 77349.
SIGNED on November 15, 2011.

_____________________________________
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

1

Fed. R. App. P. 4(a)(1)(A).

2

Fed. R. App. P. 4(a)(5) (“The district court may extend the time to file a notice of
appeal if…a party so moves no later than 30 days after the time prescribed by this Rule
4(a) expires; and (ii) regardless of whether its motion….”).
3

Fed. R. App. P. 4(a)(5)(C) (“No 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.”).
2