Linder v. City of New York
- Colleen McMahon
- 1:18-cv-08573
- U.S. District Court · Southern District of New York
- 3
In Linder v. City of New York, Judge McMahon denied Linder’s late request to extend his appeal deadline and denied fee-free status for an appeal.
Louis Linder, who filed the action without a lawyer and sought more time to appeal the dismissal of his complaint; the order also affects his ability to pursue that appeal without paying the filing fee.
What happened
Linder v. City of New York involved a request by Louis Linder, who filed the action without a lawyer, to extend the deadline for appealing the dismissal of his complaint. The court had entered judgment on December 17, 2018, but Linder’s appeal papers and extension motion were dated October 25, 2019.
The court explained that a civil appeal normally must be filed within 30 days after judgment. A court may extend that deadline only if the request is made within the additional period allowed by the appellate rules. Because Linder’s request came after that period had expired, the court said it lacked authority to grant it. The court also found that the deadline could not be reopened under another appellate rule.
Judge Colleen McMahon denied Linder’s motion for an extension of time to appeal. The court also denied fee-free status for an appeal and directed the Clerk of Court to mail Linder a copy of the order.
The detailed version
- Linder v. City of New York · No. 1:18-cv-08573
- Colleen McMahon
- Apr. 28, 2020
Background
Louis Linder filed this action without a lawyer while he was detained at Rikers Island. The court ordered him to pay the filing fee or apply to proceed without paying it by submitting an application and a prisoner authorization. The order stated that failure to comply would lead to dismissal without prejudice. Linder did not respond, and the court dismissed the complaint on December 14, 2018. Judgment was entered on December 17, 2018.
Linder later contacted the court about the case. On November 1, 2019, he filed a notice of appeal and a motion under Rule 4(a)(5) of the Federal Rules of Appellate Procedure seeking more time to appeal. The documents were dated October 25, 2019. Linder stated that he did not have the application to proceed without paying the filing fee when he filed the complaint and described the complaint as incomplete.
Reasoning
Rule 4(a)(1)(A) generally requires a notice of appeal in a civil case to be filed within 30 days after judgment. Under Rule 4(a)(5), a district court may extend the deadline for a showing of excusable neglect or good cause, but the motion must be filed within the period specified by that rule. Because judgment was entered on December 17, 2018, the court calculated that Linder’s notice of appeal was due January 17, 2019, and that any Rule 4(a)(5) motion had to be filed by February 16, 2019.
The court held that Linder’s motion, dated October 25, 2019, was filed well after the applicable deadline. It therefore concluded that it lacked authority to grant the requested extension, even if Linder could show good cause.
The court also considered Rule 4(a)(6), which can allow a court to reopen the appeal period when a party did not receive notice of the judgment, the motion is timely, and reopening would not prejudice another party. The court noted that Linder did not allege that he failed to receive notice within 21 days after judgment, although the docket suggested that he may not have received it. The court nevertheless concluded that the appeal period could not be reopened because the required motion was not filed within 180 days after judgment.
Ruling
Judge Colleen McMahon denied Linder’s motion for an extension of time to file a notice of appeal. 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 and denied Linder permission to proceed without paying the filing fee for purposes of an appeal. The Clerk of Court was directed to mail Linder a copy of the order and record service on the docket.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.