Partridge v. Masley

Background

The court had previously dismissed Nicholas D. Partridge’s complaint under judicial immunity, as frivolous under 28 U.S.C. § 1915(e)(2), and as barred by the Anti-Injunction Act. Two days before the deadline to appeal expired, Partridge asked for an extension of time to file a notice of appeal. His motion stated that he did not have money at that time.

Applicable Rule

In a civil case, a notice of appeal generally must be filed within 30 days after judgment. Under Federal Rule of Appellate Procedure 4(a)(5), a district court may extend that deadline when the request is filed within 30 days after the deadline and the party shows good cause or excusable neglect. The court found that Partridge’s motion was timely and therefore had authority to decide it.

Ruling

For good cause shown, the court granted Partridge’s request for an extension of time to file a notice of appeal. It ordered him to file the notice within 14 days of the order and stated that no further extension would be granted.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied fee-free status for the purpose of an appeal. A footnote stated that, if Partridge could not pay the filing fees within the 14-day period, he could ask the United States Court of Appeals for the Second Circuit for permission to proceed without paying those fees.