U.S. Court of Appeals for the Ninth Circuit, 2010

Pernell Evans v. Federal Express Corporation

Pernell Evans v. Federal Express Corporation
U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 2010 · Reinhardt, Fletcher, Smith
384 F. App'x 591

Pernell Evans v. Federal Express Corporation

Opinion

MEMORANDUM *

*592 Plaintiff Pennell Evans appeals the denial of his motion for extension of time to file a notice of appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291.

The district court may extend the time to file a notice of appeal if a party moves within 30 days after expiration of the appeal period and “shows excusable neglect or good cause.” Fed. R.App. P. 4(a)(5)(A). In Lemoge v. United States, 587 F.3d 1188, 1192, 1194-96 (9th Cir. 2009), we held that a district court making an excusable neglect determination abused its discretion when it failed, inter alia, to consider each of the four explicit Pioneer factors as well as the prejudice the moving party would suffer if its motion was denied. Because we decided Lemoge after the district court’s decision in this case, we vacate and remand to allow that court to reconsider in light of Lemoge.

VACATED AND REMANDED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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