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S.D.N.Y.Procedural orderFiled Nov. 19, 2019

Brady v. Berman

Judge
Valerie Caproni
Docket
1:18-cv-08459
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Brady v. Berman, Judge Caproni extended James H. Brady’s deadline to appeal the judgment to December 15, 2019.

Who this affects

James H. Brady, whose deadline to file a notice of appeal was extended to December 15, 2019.

What happened

In Brady v. Berman, James H. Brady asked for more time to file a notice of appeal from the judgment in the case.

In an attached letter, Brady argued that government officials and the court had violated his rights and caused harm to him and his family. The order did not decide those allegations.

Judge Valerie Caproni ordered that Brady’s time to appeal would extend until December 15, 2019, under the cited appellate rules.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brady v. Berman · No. 1:18-cv-08459
Judge
Valerie Caproni
Date
Nov. 19, 2019

Background

James H. Brady filed a motion under Federal Rule of Appellate Procedure 4(a)(5) seeking an extension of time to file a notice of appeal. The form states that he wanted to appeal the judgment in the action and included an attached letter addressing a prior decision and government conduct. In that letter, Brady argued that his constitutional rights had been violated and requested reconsideration of the court’s earlier decision.

Ruling

The court stated that, under Federal Rule of Appellate Procedure 4(a)(4)(A)(v) and Rule 4(a)(1)(B), Brady’s time to appeal extended until December 15, 2019. The order therefore extended the appeal deadline. It did not resolve the underlying allegations or decide whether Brady’s constitutional claims were valid.

Effect

The ruling affected James H. Brady’s deadline for filing a notice of appeal. The materials contain inconsistent references to dates concerning the judgment and earlier decisions, but the order clearly sets December 15, 2019, as the extended appeal deadline. Judge Valerie Caproni did not address the merits of the dispute in this order.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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