Green v. NBC Universal Media LLC

Background

Courtney Green, who was representing herself, sued NBC Universal Media LLC based on allegations that multiple television shows surveilled and harassed her in her home and collected her personal information. Green invoked the court’s diversity jurisdiction. On April 4, 2022, the court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court denied Green’s motion for reconsideration the next day. Green also filed a notice of appeal from the April 4 dismissal, and the court transmitted that notice to the Court of Appeals for the Second Circuit.

Motion for More Time to Appeal

On April 12, 2022, Green filed a motion under Federal Rule of Appellate Procedure 4(a)(5) seeking more time to file a notice of appeal. She stated that she wanted to appeal an order or judgment entered on March 14, 2022. Although the motion listed this case’s number, its caption named Fox Corporation as the defendant. The court noted that Green had a separate case against Fox Corporation, but no order or judgment had been entered in this case on March 14, 2022.

The court therefore concluded that the motion appeared to have been filed in the wrong case and denied it without prejudice. The court separately explained that, even if Green intended to file the motion in this case, it was unnecessary. A party generally has 30 days after entry of the order or judgment being challenged to file a notice of appeal. Green had already filed her notice of appeal within 30 days after the April 4 dismissal.

Ruling

Judge Laura Taylor Swain denied Green’s motion for an extension of time to file a notice of appeal. The order’s conclusion states that the motion was denied. 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 and denied Green permission to appeal without paying filing fees.