Tyson v. Federal Bureau of Investigation
- Laura Swain
- 1:22-cv-03555
- U.S. District Court · Southern District of New York
- 2
In Tyson v. Federal Bureau of Investigation, Judge Swain denied the extension motion as moot and denied fee-free status for the appeal.
David Jay Tyson, whose motion for more time to appeal was denied as moot and whose fee-free status for an appeal was denied.
What happened
In Tyson v. Federal Bureau of Investigation, David Jay Tyson asked for more time to file a notice of appeal. The court had entered judgment after dismissing his federal claims for failure to state a claim and declining to hear his related state-law claims.
The court explained that a civil appeal generally must be filed within 30 days after judgment. Because Tyson filed his notice of appeal within that period, he did not need an extension.
Judge Swain therefore denied Tyson’s motion for an extension of time as moot. The court also denied fee-free status for an appeal, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Tyson v. Federal Bureau of Investigation · No. 1:22-cv-03555
- Laura Swain
- Sept. 26, 2022
Background
The court had previously dismissed David Jay Tyson’s federal claims for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and declined to exercise jurisdiction over his supplemental state-law claims. It entered judgment on May 16, 2022. Tyson then filed a notice of appeal and a motion for an extension of time to file that notice on May 24, 2022.
Reasoning
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 entry of judgment. Because Tyson’s notice was filed within 30 days of the May 16 judgment, the court found that the notice was timely and that an extension was unnecessary.
Ruling
The court denied Tyson’s motion for an extension of time to file a notice of appeal as moot. 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 fee-free status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.