Washington v. Fitzpatrick

Background

In an earlier order dated June 2, 2021, the court dismissed the case under Federal Rule of Civil Procedure 41(b) because Washington failed to prosecute the case and failed to comply with court orders. The court entered judgment on June 4, 2021, and mailed Washington the judgment, a notice explaining his right to appeal, and the relevant forms. The notice stated that he had to file a notice of appeal within 30 days after judgment, by July 6, 2021.

Washington was representing himself and had been permitted to proceed without paying filing fees. On June 28, 2021, he moved for an extension of time to file his notice of appeal. He explained that he had been busy litigating a criminal case in New York State court and needed to remain focused on that case.

Ruling

The court found that Washington had shown good cause for an extension under Federal Rule of Appellate Procedure 4(a)(5). Judge Vincent L. Briccetti therefore granted the motion and extended Washington’s time to file a notice of appeal through August 5, 2021.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. As a result, Washington’s status allowing him to proceed without paying filing fees was denied for purposes of an appeal from this order. This order did not address the underlying claims in the dismissed case.