Hartshorn v. Sievert et al

Filing 74

ORDER re 73 Notice of Appeal Prisoner filed by Henry W Hartshorn signed by Chief Judge William C Griesbach on 2/14/19. The court declines to extend the time for Plaintiff to file a notice of appeal. (cc: all counsel and via US Mail to Henry Hartshorn)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

HENRY W. HARTSHORN,
Plaintiff,
v.

Case No. 17-C-98

MICHAEL L. SIEVERT, et al.,
Defendants.

ORDER

On October 26, 2018, the court entered a decision and order granting Defendants’ motion
for summary judgment and dismissing the case. Plaintiff Henry Hartshorn filed a notice of appeal
on February 13, 2019. The notice appears to be more than three months late. Attached to the notice
is a written statement addressed to the court stating that the notice dated November 29, 2018 was
lost in the institution and was returned to him on February 1, 2019. The statement is not under oath
and does not bear Plaintiff’s signature. Even if his statements are true, the notice is dated four days
after the thirty-day deadline in which any notice of appeal was required to be filed. See Fed. R.
App. P. 4(a)(1) (A notice of appeal must “be filed with the clerk of the district court within 30 days
after the entry of judgment or order appealed from.”). Accordingly, the court declines to extend the
time for Plaintiff to file a notice of appeal.
SO ORDERED this 14th day of February, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court