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Emanuel Martin v. Michael Mcdonald

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 23, 2012

EMANUEL MARTIN, SANCHEZ-GONZALEZ, PETITIONER,
v.
MICHAEL MCDONALD, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On April 6, 2012, petitioner filed a request for extension of time to file a notice of appeal. On April 9, 2012, petitioner filed a notice of appeal.

In this action, judgment was entered on February 2, 2012. A notice of appeal must be filed within thirty days after entry of judgment. Rule 4(a)(1), Rules of Appellate Procedure. However, 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 "shows excusable neglect or good cause." Rule 4(a)(5)(A).

Here, the deadline to file an appeal expired on March 30, 2012. Petitioner's request for extension was filed seven days later, on April 6, 2012, and therefore falls within the additional thirty day period provided under Rule 4(a)(5)(A)(i). In addition, petitioner demonstrated excusable neglect or good cause as required by Rule 4(a)(5)(A)(ii). Accordingly, petitioner's request to extend the deadline to appeal is granted, and the Clerk of Court is directed to process petitioner's appeal.

Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's April 6, 2012 request for extension of time in which to file a notice of appeal (dkt. no. 21) is granted;

2. Petitioner's April 9, 2012 appeal is deemed timely filed; and

3. The Clerk of Court is directed to process petitioner's appeal.

sanc0637.app

20120423

© 1992-2012 VersusLaw Inc.



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