Duckett v. Garcia
- Beth Freeman
- 5:23-cv-04748
- U.S. District Court · Northern District of California
- 2
In Duckett v. Garcia, Judge Freeman granted Jasmine Duckett’s motion to extend the appeal deadline and deemed her notice of appeal timely.
Jasmine Duckett, whose notice of appeal was deemed timely; the order concerns her appeal from the judgment entered for P. Garcia.
What happened
In Duckett v. Garcia, Jasmine Duckett, a state inmate representing herself, asked for more time to appeal after the court entered judgment for P. Garcia on June 17, 2025.
Duckett said she did not receive the order and judgment until the first week of July because she had been transferred to the California Medical Facility. She filed her motion for more time and her notice of appeal on August 4, 2025.
Judge Beth Freeman ruled that the motion was timely and that Duckett had shown good cause because of the mail delay and her need to find assistance. The court granted the motion and deemed the notice of appeal timely.
The detailed version
- Duckett v. Garcia · No. 5:23-cv-04748
- Beth Freeman
- Aug. 7, 2025
Background
Jasmine Duckett, a state inmate proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. On June 17, 2025, the court granted P. Garcia’s motion for summary judgment and entered judgment that day.
Duckett filed a motion for an extension of time to file a notice of appeal on August 4, 2025, together with the notice of appeal. She stated that she did not receive the final order and judgment until the first week of July because she had been transferred to the California Medical Facility. She also stated that she later obtained help with her appeal.
Applicable Rule
A party generally must file a notice of appeal within 30 days after judgment. Federal Rule of Appellate Procedure 4(a)(5) permits a district court to extend that deadline when the party files the request within 30 days after the original deadline and shows excusable neglect or good cause. The opinion explains that a formal motion explicitly requesting more time is required.
Because judgment was entered on June 17, 2025, Duckett’s original deadline was July 17, 2025. The deadline for requesting an extension was August 16, 2025. The court therefore found that Duckett’s August 4 motion was timely. It also found good cause based on the delay in receiving mail and her need to find assistance.
Ruling
Judge Beth Freeman granted Duckett’s motion for an extension of time to file a notice of appeal. The court deemed the notice of appeal timely and stated that the order terminated Docket No. 28. This order addressed the appeal deadline; it did not revisit the earlier summary-judgment ruling.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.