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Joe Stanli Hallman v. Kelly Harrington

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 29, 2011

JOE STANLI HALLMAN, PETITIONER,
v.
KELLY HARRINGTON, RESPONDENT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

Closed - 194

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO APPEAL [Motion filed on May 26, 2011] [9th CCA, 11-55886]

Presently before the court is Petitioner's Request for Leave to File Late Notice of Appeal. (Dkt. No. 21.) Having read Petitioner's papers and considered the arguments therein, the court GRANTS Petitioner's request.

Rule 4(a)(1) of the Federal Rules of Appellate Procedure provides that notice of appeal "must be filed with the district clerk within 30 days after judgment or order appealed from is entered." Here, the court entered judgment on April 1, 2011, and Petitioner filed his Notice of Appeal more than 30 days thereafter on May 26, 2011. Petitioner now moves this court for leave to file a late notice of appeal. cc: 9th Circuit Court of Appeal Rule 4(a)(5) provides that the court may extend the time to file a notice of appeal if "a party moves no later than 30 days after the time prescribed by . . . Rule 4(a)" and "that party shows excusable negligence or good cause."

Here, Petitioner moved this court for additional time on May 26, 2011, or 26 days after the 30 day time limit had expired under Rule 4(a). Petitioner's motion was, therefore, within the 30 day limit set forth by Rule 4(a)(5).

Accordingly, the court proceeds to consider whether there was good cause for Petitioner's delay. Petitioner is an inmate in Folsom State Prison and avers that overcrowding and extended periods of lock down have prevented Petitioner from accessing the law library or preparing his appeal. The court finds good cause for an extension of time to appeal.

For the reasons stated above, the court GRANTS Petitioner's Request for Leave to File Late Notice of Appeal. Petitioner's notice of appeal filed on May 26, 2011 is hereby deemed timely.

IT IS SO ORDERED.

20110829

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