Opinion
Civil Action No. 3:03-CV-0619-D
April 26, 2004
ORDER
Petitioner moves for an extension of time until June 10, 2004 to file his notice of appeal. The court grants the motion to the extent of extending the deadline to June 7, 2004.
The judgment in this case was entered on the docket on April 7, 2004. Under Fed.R.App.P. 4(a)(5), the district court may extend the time to file a notice of appeal if the party shows good cause. Petitioner has done so. Under Rule 4(a)(5)(C), an extension cannot exceed "30 days after the prescribed time or 10 days after the date when the order granting the motion is entered, whichever is later." Because judgment was entered April 7, 2004, petitioner's notice of appeal is due May 7, 2004, unless the court grants an extension. The court has authority to grant an extension to June 7, 2004 (the Monday following the 30th day of the extension period). Accordingly, petitioner's motion is granted to the extent that he must file his notice of appeal no later than June 7, 2004. Because petitioner is a prisoner, this means that he must deposit his notice in the prison mail system no later than June 7, 2004.