Victor Hernandez v. Jonathan Daniels
- Alison Nathan
- 1:14-cv-05910
- U.S. District Court · Southern District of New York
- 2
In Victor Hernandez v. Jonathan Daniels, Judge Nathan granted Hernandez more time to file a notice of appeal after illness delayed him.
Victor Hernandez received additional time to file a notice of appeal; the defendants were affected because the appeal deadline was extended.
What happened
In Victor Hernandez v. Jonathan Daniels, the court considered Victor Hernandez’s request for more time to appeal after the court had granted the defendants summary judgment. Hernandez was representing himself.
The court said Hernandez’s appeal deadline was October 24, 2019, and that he filed his extension request within the allowed thirty-day period. He also showed good cause by stating that he had been seriously ill with bronchitis related to AIDS.
Judge Nathan granted Hernandez’s request for an extension to file his notice of appeal. The order did not decide the underlying claims or change the earlier summary-judgment ruling.
The detailed version
- Victor Hernandez v. Jonathan Daniels · No. 1:14-cv-05910
- Alison Nathan
- Dec. 4, 2019
Background
On September 24, 2019, the court granted the defendants’ motion for summary judgment. On November 22, 2019, Victor Hernandez, who was representing himself, asked for an extension of time to file a notice of appeal.
Court’s analysis
The court explained that federal law and appellate rules generally require a notice of appeal to be filed within thirty days after judgment. Federal Rule of Appellate Procedure 4(a)(5) permits an extension when the request is made within thirty days after the deadline and the party shows good cause.
Hernandez’s appeal deadline was October 24, 2019. The court received his extension request on November 22, 2019, so the request was timely. Hernandez also stated that he had been very sick with bronchitis due to “full blown AIDS.” The court said his illness was not in dispute and concluded that he had shown good cause.
Disposition
The court granted Hernandez’s request for an extension of time to file a notice of appeal. The order addressed the appeal deadline; it did not decide the underlying claims.
Notice
The opinion’s caption identifies the defendants as “Kirby Forensic Psychiatric Hosp., et al.,” while the supplied case name identifies the opposing party as Jonathan Daniels.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.