IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 26, 2008
MICHAEL DEARING, PETITIONER,
MIKE KNOWLES, RESPONDENT.
The opinion of the court was delivered by: John M. Dixon United States Magistrate Judge
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE APPEAL (DOCUMENT #31)
Petitioner is a prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2254. On July 29, 2008, petitioner's case was dismissed and judgment was entered. On August 22, 2008, petitioner filed a motion to extend time to file an appeal.
A notice of appeal must be filed with the district clerk within 30 days after the judgment or order appealed from is entered. See FRAP 4(a)(1)(A). However, the district court may extend time to file a notice of appeal if a party moves no later than 30 days after the time for filing a notice of appeal expires, and the party shows excusable neglect or good cause. See FRAP 4(a)(5)(A).
Accordingly, good cause having been presented to the court, and GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that petitioner is GRANTED an extension of time of thirty (30) days to and including September 29, 2008, to file a notice of appeal.
IT IS SO ORDERED.
© 1992-2008 VersusLaw Inc.