Daniel v. Tucker

Background

Otis A. Daniel sued Robert S. Tucker, Esq., and Steven I. Gutstein. The opinion states that Daniel represented himself. By an order and judgment dated April 24, 2020, and entered on April 27, 2020, the court dismissed the action.

Daniel later sent the court a letter on May 14, 2020, but did not request relief in that letter. On July 10, 2020, he filed a motion under Rule 4(a)(5) of the Federal Rules of Appellate Procedure asking for more time to file a notice of appeal. He stated that he thought a prior appeal might have been reopened or that an earlier order by Judge Engelmayer might have been vacated, and that he received the court’s judgment in May 2020.

Rule and analysis

Rule 4(a)(1)(A) generally requires a notice of appeal to be filed within 30 days after the entry of the order or judgment being appealed. Rule 4(a)(5) permits a party to request an extension, but the request must be filed either within the original appeal period or within 30 days after that period ends. The party must also show excusable neglect or good cause. The court described the filing deadline for the extension request as strict and jurisdictional, meaning the court could not consider an untimely request.

Because the judgment was entered on April 27, 2020, Daniel’s deadline to file a notice of appeal was May 27, 2020. His deadline to seek an extension was June 26, 2020. He filed the motion on July 10, 2020, after both deadlines had passed. The court therefore stated that the motion could not be entertained, even assuming Daniel had shown good cause for an extension.

Disposition

The court denied Daniel’s motion for an extension of time to file a notice of appeal under Rule 4(a)(5). It also directed the Clerk of Court to mail Daniel a copy of the order and note service on the docket.