Gonzalez v. Dobbs Ferry Village

Background

Omayra Gonzalez filed this action without a lawyer and without paying the filing fee. On February 6, 2023, the court dismissed the action for failure to state a claim on which relief could be granted. The dismissal order and judgment were entered on February 9, 2023. On February 7, 2024, the court received Gonzalez’s motion for an extension of time to file a notice of appeal.

Reasoning

Federal Rule of Appellate Procedure 4(a)(1)(A) generally requires a notice of appeal within 30 days after entry of the order or judgment. Rule 4(a)(5) allows a court to extend that time only if the extension motion is filed no later than 30 days after the appeal deadline expires, and the party shows excusable neglect or good cause. The court described that 30-day period as a strict jurisdictional deadline.

The court calculated Gonzalez’s appeal deadline as March 13, 2023, because March 11 fell on a Saturday. Gonzalez’s extension motion was filed more than 30 days after that deadline. The court also noted that Gonzalez did not argue that she had failed to receive notice of the judgment. Although Rule 4(a)(6) can provide another route to an extension when a party did not receive timely notice of the judgment, the court concluded that route was unavailable here.

Ruling

Judge Laura Taylor Swain denied Gonzalez’s motion for an extension of time to file a notice of appeal and directed the Clerk of Court to terminate the motion. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith, so Gonzalez was denied permission to proceed without paying filing fees for purposes of an appeal.