Shipp v. Fink
David M. Shipp v. Dorothy Fink, Acting Secretary, Department of Health and Human Services
- Laura Swain
- 1:25-cv-00978
- U.S. District Court · Southern District of New York
- 11
Shipp v. Fink: Judge Stanton granted Shipp’s motion to extend the appeal deadline and ordered a notice of appeal within 14 days.
David M. Shipp, who received additional time to file a notice of appeal; the court stated that no further extension could be granted.
What happened
David M. Shipp sued Dorothy Fink, Acting Secretary of the Department of Health and Human Services. After the court dismissed his amended complaint and entered judgment, Shipp asked for more time to file a notice of appeal.
The court found that Shipp filed his request within the permitted 30-day period after the appeal deadline expired. It also found good cause because earlier emails from Shipp could be understood as attempts to request an extension, even though they were not labeled that way.
Judge Louis L. Stanton granted Shipp’s request for an extension. The court ordered Shipp to file a notice of appeal within 14 days of the order and stated that no further extension could be granted.
The detailed version
- Shipp v. Fink · No. 1:25-cv-00978
- Laura Swain
- Nov. 13, 2025
Background
David M. Shipp brought the action without a lawyer. An earlier order dismissed his complaint but allowed him 30 days to file an amended complaint. After Shipp filed an amended complaint, the court dismissed it for failure to state a claim on which relief could be granted, and the Clerk entered judgment on August 8, 2025.
After judgment, Shipp filed additional documents. The court treated those filings as requests to alter or amend the judgment, for reconsideration, and for relief from the judgment or order, and denied the requests. Shipp did not file a notice of appeal.
Motion for More Time to Appeal
On November 2, 2025, Shipp moved for an extension of time to file a notice of appeal. Because one party was a United States agency, the applicable appellate rule allowed 60 days from entry of judgment to file the notice. That period ended on October 7, 2025.
A district court may extend the filing deadline when the request is made within 30 days after the deadline expires and the moving party shows good cause or excusable neglect. The court found that Shipp filed his motion within that 30-day period. It also found good cause because emails Shipp had previously sent to the court, although incorrectly labeled, could be understood as attempts to request an extension.
Ruling
Judge Louis L. Stanton granted Shipp’s motion for an extension of time to file a notice of appeal. The court directed Shipp to file the notice within 14 days of the order and stated that the deadline was mandatory and could not be extended further. The court also provided an application that Shipp could use to seek permission to proceed without paying appellate filing fees.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.