Dennett v. Central Intelligence Agency
Dennett v. Central Intelligence Agency
Opinion of the Court
SUMMARY ORDER
Appellant Charlotte Dennett, pro se, appeals from a November 2, 2006, 2006 WL 3761600, order, of the United States District Court for the District of Vermont (Murtha, J.) denying her motion for an extension of time to file a notice of appeal under Fed. R. App. P. 4(a)(5). We presume the parties’ familiarity with the facts and procedural history of the case, and the arguments on appeal.
This Court reviews the district court’s denial of a motion for an extension of time under Fed. R. App. P. 4(a)(5) for abuse of discretion. Goode v. Winkler, 252 F.3d 242, 245 (2d Cir. 2001) (per curiam). If a notice of appeal is filed beyond the 60-day period, upon a party’s motion under Fed. R. App. P. 4(a)(5), “[the] district court may, on a showing of good cause or excusable neglect,” extend the period to file a notice of appeal “for up to 30 days from the original deadline or until 10 days after the date of entry of the order granting the motion, whichever is later.” Mendes Junior Int’l Co. v. Banco do Brasil, 215 F.3d 306, 312 (2d Cir. 2000).
Here, the district court properly found that although appellant timely moved for an extension of time to file a notice of appeal, her excuse for the late filing — that she mailed the notice of appeal to the wrong address — did not constitute excusable neglect. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’tshp., 507 U.S. 380, 392, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (“inadvertence, ignorance of the
Accordingly, the order of the district court is AFFIRMED.
Reference
- Full Case Name
- Charlotte DENNETT v. CENTRAL INTELLIGENCE AGENCY
- Cited By
- 2 cases
- Status
- Published