Almonte v. Karth
- Laura Swain
- 1:21-cv-06062
- U.S. District Court · Southern District of New York
- 2
Judge Swain granted Almonte v. Karth’s request to extend the appeal deadline but denied permission to appeal without paying filing fees.
Juan Carlos Almonte’s deadline and ability to pursue an appeal from the earlier dismissal were affected. The order also directed the Clerk of Court to process the appeal, while denying permission to appeal without paying filing fees from this order.
What happened
In Almonte v. Karth, Juan Carlos Almonte, who was representing himself, asked for more time to file a notice of appeal after an earlier order dismissed his complaint. The court received his request and notice of appeal on November 2, 2021.
The court said a civil appeal normally must be filed within 30 days after judgment. It granted the extension because Almonte made his request within 30 days after the appeal deadline expired. The clerk was directed to process the appeal.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied Almonte permission to appeal without paying filing fees. The clerk was directed to mail Almonte a copy of the order and record service on the docket.
The detailed version
- Almonte v. Karth · No. 1:21-cv-06062
- Laura Swain
- Feb. 2, 2022
Background
Juan Carlos Almonte filed the action without a lawyer. In an earlier order dated October 1, 2021, the court dismissed his complaint under 28 U.S.C. § 1915(e)(2)(B)(i)–(iii). The opinion does not explain the grounds for that earlier dismissal.
The court received Almonte’s motion for an extension of time to file a notice of appeal and his notice of appeal on November 2, 2021.
Court’s analysis
Federal Rule of Appellate Procedure 4(a)(1)(A) generally requires a notice of appeal in a civil case to be filed within 30 days after judgment is entered. Rule 4(a)(5)(A) allows a district court to extend that deadline when the motion is filed within 30 days after the filing period expires and the moving party shows excusable neglect or good cause.
The court found that Almonte submitted his request within 30 days after the appeal deadline expired. On that basis, it granted his motion for an extension of time to file a notice of appeal.
Disposition
The court granted Almonte’s motion for an extension of time to file a notice of appeal. It directed the Clerk of Court 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. It therefore denied permission to proceed without paying filing fees for an appeal from this order. The Clerk of Court was directed to mail Almonte a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.