Opinion
Civil Action 2:21-1208
11-29-2022
QUINTEZ TALLEY, and PENNSYLVANIANS WITH MENTAL ILLNESS, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.
Maureen P. Kelly United States Magistrate Judge
MEMORANDUM ORDER
CATHY BISSOON UNITED STATES DISTRICT JUDGE
AND NOW, this 29th day of November, upon consideration of Plaintiff Quintez Talley's Motion to Reopen the Time to File an Appeal (Doc. 26), the Court finds that the requirements of Federal Rule of Appellate Procedure 4(a)(6) are met. First, Plaintiff did not receive notice of the final judgment sought to be appealed within 21 days after its August 5, 2022 entry. Second, Plaintiff filed the instant motion within both 180 days of entry of final judgment and 14 days of receiving notice of that judgment. Third, because the Complaint was dismissed pre-service, no party would be prejudiced by this ruling. Accordingly, the Motion to Reopen (Doc. 26) is GRANTED, and the time to file an appeal is reopened for a period of fourteen (14) days from the date of entry of this Order.
IT IS SO ORDERED.