Chavez v. Cause yall took my phones I dont know their names
- Laura Swain
- 1:21-cv-08526
- U.S. District Court · Southern District of New York
- 2
In Chavez v. CAUSE YALL TOOK MY PHONES I DON’T KNOW THEIR NAMES, Judge Swain denied Chavez’s appeal-extension motion as moot and ordered his timely appeal processed.
Juan Pablo Chavez: his request for more time to appeal was denied as moot, his timely appeal was ordered processed, and permission to proceed without paying the required fees for an appeal from this order was denied.
What happened
In Chavez v. CAUSE YALL TOOK MY PHONES I DON’T KNOW THEIR NAMES, the court had previously dismissed Juan Pablo Chavez’s complaint as frivolous. Chavez then asked for more time to appeal and filed a notice of appeal.
The court explained that a civil appeal generally must be filed within 30 days after judgment. Because Chavez filed his notice within that period, the notice was timely and an extension was unnecessary.
Judge Laura Taylor Swain denied Chavez’s extension motion as moot and directed the clerk to process the appeal. She also denied Chavez permission to proceed without paying the required fees for the appeal, finding that an appeal from this order would not be taken in good faith.
The detailed version
- Chavez v. Cause yall took my phones I dont know their names · No. 1:21-cv-08526
- Laura Swain
- Feb. 2, 2022
Background
The court had dismissed Chavez’s complaint as frivolous in an order dated November 16, 2021. Before the deadline to appeal that order expired, Chavez filed a motion asking for more time to file a notice of appeal. He also filed the notice of appeal itself.
Analysis
The court applied Federal Rule of Appellate Procedure 4(a)(1)(A), which generally requires a notice of appeal in a civil case to be filed within 30 days after entry of judgment. The court determined that Chavez’s notice of appeal was filed within that period. Because the notice was timely, Chavez did not need an extension of time.
Rulings
The court denied Chavez’s motion for an extension of time to file a notice of appeal as moot. It directed the clerk to process the appeal.
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, it denied Chavez permission to proceed without paying the required fees for purposes of an appeal from this order. The clerk was directed to mail Chavez a copy of the order and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.