Almonte v. Law Enforcement Agency
- Laura Swain
- 1:21-cv-08991
- U.S. District Court · Southern District of New York
- 2
In Almonte v. Law Enforcement Agency, Judge Swain denied Almonte’s unnecessary extension request because his appeal was timely.
The ruling affected Juan Carlos Almonte’s request for additional time to appeal; the court found that his existing notice of appeal was timely.
What happened
In Almonte v. Law Enforcement Agency, the incarcerated plaintiff, Juan Carlos Almonte, asked for more time to appeal after the court dismissed his case. He was representing himself.
The court reviewed the deadline for filing a civil appeal and the date Almonte signed his notice of appeal. The court treated the notice as given to prison officials for mailing that same day.
Because the notice was filed within the required 30-day period, Judge Laura Taylor Swain denied Almonte’s motion for an extension of time as unnecessary. The court did not extend the deadline because the appeal was already timely.
The detailed version
- Almonte v. Law Enforcement Agency · No. 1:21-cv-08991
- Laura Swain
- Apr. 15, 2022
Background
Juan Carlos Almonte, who was incarcerated and representing himself, had been granted permission to proceed without paying the filing fee. The court later dismissed the action and entered judgment on January 10, 2022. Almonte signed a notice of appeal on January 18, 2022 and also asked the court to extend the time to appeal.
Issue
The issue was whether Almonte needed additional time to file his appeal. Under Federal Rule of Appellate Procedure 4(a)(1)(A), a notice of appeal in a civil case generally must be filed within 30 days after judgment is entered. The court assumed that Almonte gave his signed notice to prison officials for mailing on January 18, 2022, under the rule that treats a prisoner’s filing as made when it is given to prison officials for mailing.
Ruling
The court determined that Almonte’s appeal was filed within the 30-day deadline. Judge Laura Taylor Swain therefore denied the motion for an extension of time to appeal as unnecessary. The Clerk of Court was directed to mail Almonte a copy of the order and record service on the docket.
Disposition
The motion for an extension of time to appeal was denied as unnecessary.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.