Zavalidroga v. Cuomo
Opinion of the Court
SUMMARY ORDER
Tomas Zavalidroga, pro se, appeals from an order entered by the District Court on June 26, 2013, denying his motion to reopen the time to file an appeal under Federal Rule of Appellate Procedure 4(a)(6). We assume the parties’ familiarity with the facts and record of the prior proceedings, to which we refer only as necessary to explain our decision to affirm.
Zavalidroga’s motion to reopen was made pursuant to 28 U.S.C. § 2107(c), but we agree that the District Court could construe the motion as one made under Rule 4(a)(6), which is functionally equivalent. See Bowles v. Russell, 551 U.S. 205, 208, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). Under Rule 4(a)(6), a district court may grant a party’s motion to reopen the time to file an appeal only if (1) the moving
Even when afforded “special solicitude” as a pro se litigant, see Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010), Zavali-droga presents no convincing justification for his failure to properly notify the District Court of his myriad address changes, and we therefore conclude that the District Court acted within its discretion when it denied his motion to reopen. See WorldCom, 708 F.3d at 337.
We decline to consider Zavalidroga’s claim, raised for the first time on appeal, that his due process rights were violated by the assignment of his case to allegedly partial judges by allegedly partial court staff. See Greene v. United States, 13 F.3d 577, 586 (2d Cir. 1994).
We have considered Zavalidroga’s remaining arguments and conclude that they are without merit. For the foregoing reasons, the judgment of the District Court is AFFIRMED.
Reference
- Full Case Name
- Tomas ZAVALIDROGA v. Andrew M. CUOMO, individually and officially as Governor of the State of New York, Eric T. Schneiderman, individually and officially as Attorney General of the State of New York
- Cited By
- 3 cases
- Status
- Published