Opinion
Case No. 3:10-cv-277.
November 8, 2010
ORDER
This case is before the Court on Plaintiff's Motion to Request for Out of Time Notice of Appeal (Doc. No. 8).
Final judgment was entered in this case on August 2, 2010 (Doc. Nos. 5, 6). Therefore the time within which an appeal could be filed to the Sixth Circuit Court of Appeals expired on September 1, 2010. Fed.R.App.P. 4(a)(5)(A). This Court has authority to extend the time for appeal only if the party appealing seeks leave to file a late notice not later than thirty days after the normal time to appeal expires Fed.R.App.P. 4(a)(1)(A). That date would have been October 1, 2010. Plaintiff's Motion was not filed until November 8, 2010. Thus this Court has no power to grant it.
The Motion is DENIED.
November 8, 2010.