Adeniji v. Online Taxes Inc.

Background

The court had previously dismissed this action by an order and judgment dated December 23, 2019, and entered on December 26, 2019. Plaintiff Oluyesi Adeniji, who was representing himself, later moved under Rule 4(a)(5) of the Federal Rules of Appellate Procedure for an extension of time to file a notice of appeal. He stated that he had been unable to file on time “because of the pandemic.”

Rule and analysis

Rule 4(a)(1)(A) generally requires a notice of appeal to be filed within 30 days after the judgment is entered. Rule 4(a)(5) permits a party to seek an extension, but the extension motion must be filed by the appeal deadline or within 30 days after that deadline. The moving party must also show good cause or excusable neglect. The court described the deadline for the extension motion as strictly controlling.

Because the judgment was entered on December 26, 2019, the court calculated that Adeniji had until January 27, 2020, to file a notice of appeal and until February 26, 2020, to file a motion for an extension. Adeniji did not file the motion until June 30, 2020. The court therefore denied the motion based on its untimeliness.

Ruling

Judge Colleen McMahon denied Adeniji’s motion for an extension of time to file a notice of appeal under Rule 4(a)(5). 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 fee-free status for that appeal. This order addressed the timing of the appeal request; the opinion does not explain the basis for the earlier dismissal of the action.