Opinion
89 CR 462
January 26, 2003
OPINION
Surety, Shamsideen Shobande has moved to file a late notice of appeal of my October 24, 2002 order entering Default Judgment. He claims that the District Court Clerk never sent a notice of the ruling to his attorney. Under Federal Rule of Appellate Procedure 4(a), which governs this matter, where the U.S. Government is a party, a notice of appeal must be filed within 60 days, but a party can obtain an extension of time for 30 days, after termination of the original 60 days, where there is excusable neglect or good cause. Here, I find that Shobande's attorney may not have been notified of my October 24 order. Examination of the docket sheet shows that the clerk's notice may have gone to King's lawyer and not to Shobande's lawyer. Therefore, good cause exists to grant a 30-day extension to file a notice of appeal. For the aforementioned reasons, Shobande's Emergency Motion to File Late Notice of Appeal is GRANTED.