Reeder v. Hendricks

District Court, S.D. New York

Reeder v. Hendricks

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RASZELL REEDER, Plaintiff, 24-CV-8439 (LTS) -against- ORDER JAMES HENDRICKS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is incarcerated at Midstate Correctional Facility in Marcy, New York, filed this action pro se. By order dated November 21, 2024, the Court dismissed the action under

28 U.S.C. § 1915

(g). A civil judgment was entered on the same day. On December 9, 2024, the Court received Plaintiff’s notice of appeal to the United States Court of Appeals for the Second Circuit and a motion for an extension to file a notice of appeal. (ECF 7.) Because the notice of appeal is timely, the motion for an extension of time is unnecessary. The Court therefore denies the motion. DISCUSSION Under Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure, a party must file a notice of appeal within 30 days of the entry date of the order or judgment being appealed. See Fed. R. App. P. 4(a)(1)(A). A party may move for an extension of time to file a notice of appeal, within 30 days after expiration of the deadline to file a notice of appeal. See Fed. R. App. P. 4(a)(5)(A)(i). Plaintiff had 30 days from the entry of judgment to file his notice of appeal, that is, until December 22, 2024. See Fed. R. App. P. 4(a)(1)(A). The Court received the notice of appeal on December 9, 2024. Plaintiff’s notice of appeal is therefore timely, and the motion for an extension of time is unnecessary. The Court therefore denies the motion. CONCLUSION The Court denies the motion for an extension of time to file a notice of appeal (ECF 9) because it is unnecessary. The Clerk of Court shall terminate the motion. The Court certifies under

28 U.S.C. § 1915

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an

appeal. Coppedge v. United States,

369 U.S. 438, 444-45

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: January 7, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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