Wyatt v. Dallas Sheriff Dept. of Dallas County
- Colleen McMahon
- 1:17-cv-06256
- U.S. District Court · Southern District of New York
- 2
In Wyatt v. Dallas Sheriff Department, Judge McMahon denied Wyatt’s extension request because it came more than four years late.
George Wyatt’s request for more time to appeal was denied. The court also denied his ability to appeal without prepaying the filing fee and limited further filings in the case to documents directed to the Second Circuit.
What happened
George Wyatt, representing himself, asked the court to extend the deadline for appealing the earlier dismissal of his case. The court had dismissed his complaint without prejudice in 2017 under a rule barring certain incarcerated people from filing new actions without paying the filing fee.
The court explained that a civil appeal generally must be filed within 30 days after judgment. An extension is available only if the request is made within 30 additional days and the party shows a good reason or excusable neglect. Because Wyatt waited more than four years after judgment, the court said it had no authority to grant the extension.
Judge Colleen McMahon denied Wyatt’s motion and directed the Clerk to terminate it. The court said Wyatt must seek permission from the Second Circuit to file a late appeal, would not accept further documents in this case except those directed to that court, and could not proceed without paying the appeal fee because the court found an appeal would not be taken in good faith.
The detailed version
- Wyatt v. Dallas Sheriff Dept. of Dallas County · No. 1:17-cv-06256
- Colleen McMahon
- Feb. 3, 2022
Background
George Wyatt, proceeding without a lawyer and without prepaying filing fees, is incarcerated in Texas. In 2017, the court dismissed his complaint without prejudice under 28 U.S.C. § 1915(g), which bars an incarcerated person from filing a new action without prepaying the filing fee in specified circumstances. Although the case was closed, Wyatt filed multiple letters under the case number. On January 11, 2022, he filed a notice of appeal and a motion for more time to appeal.
Rule for extensions
Under Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure, a notice of appeal in a civil case generally must be filed within 30 days after judgment is entered. Under Rule 4(a)(5), a district court may grant a limited extension only if the motion is filed no later than 30 days after the original appeal deadline and the party establishes good cause or excusable neglect.
Court’s reasoning
The court held that Wyatt’s motion was filed more than four years after judgment. Because it was filed far outside the time allowed by Rule 4(a)(5), the court concluded that it lacked authority to grant the requested extension. The court stated that Wyatt must seek permission to file a late notice of appeal from the United States Court of Appeals for the Second Circuit.
Disposition
Judge Colleen McMahon denied Wyatt’s motion for an extension of time to appeal and directed the Clerk of Court to terminate the motion. The court ordered that no further documents would be accepted from Wyatt in the case except documents directed to the Second Circuit. It 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 Wyatt permission to proceed without prepaying the filing fee for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.