Opinion
CASE NO. 4:11-cv-00129-MP-WCS
09-23-2011
STEPHEN FREDRIC GANSTINE, Plaintiff, v. ARMANDO GARCIA, JOHNNY WILLIAMS, Defendants.
ORDER
This matter is before the Court on Doc. 16, Motion to Extend Time to File Notice of Appeal by Stephen Fredric Ganstine. Plaintiff requests an extension of time to file a notice of appeal stating that, as a pro-se litigant, he requires additional time to research his case.
Rule 4(a)(1), Federal Rules Appellate Procedure, provide that a notice of appeal must be filed within 30 days after the judgment appeal from is entered. See Fed. R. App. P. 4(a)(1). However, Rule 4(a)(4) provides that if a party timely files a motion to alter or amend judgment, then the time to file an appeal runs from the entry of the order disposing of the motion. See Fed. R. App. P. 4(a)(1). The district court may extend the time to file a notice of appeal by thirty days if the party shows excusable neglect or good cause. See Fed. R. App. P. 4(a)(5).
In the instant case, the clerk's judgment was entered on May 27, 2011 and the plaintiff timely filed a motion to alter or amend the judgement. On August 31, 2011, the Court entered an order denying the motion to alter or amend the judgment, thus any notice of appeal is due to be filed on or before Friday September 30, 2011. However, plaintiff has shown good cause for an extension of time to file a notice of appeal. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. Plaintiff's motion to extend time to file notice of appeal, Doc. 16, is GRANTED.
2. Plaintiff may file a notice of appeal on or before Friday October 28, 2011.
DONE AND ORDERED this 23rd day of September, 2011
Maurice M. Paul, Senior District Judge