Robinson v. City of Yonkers Police Department
- Andrew Krause
- 7:22-cv-03333
- U.S. District Court · Southern District of New York
- 2
In Robinson v. City of Yonkers Police Department, Judge Swain denied as moot an appeal-extension motion and denied fee-free appeal status.
The ruling affected Quamaine Dawson Robinson’s request for more time to appeal and his ability to proceed without paying appeal-related fees.
What happened
In Robinson v. City of Yonkers Police Department, the court had already dismissed Quamaine Dawson Robinson’s complaint after he failed to file an amended complaint as directed, and judgment was entered on July 19, 2022. Robinson later filed a notice of appeal and asked for more time to do so.
The court found that Robinson’s August 8 notice of appeal was filed within the required 30-day period. Because the notice was timely, the court concluded that his request for more time was unnecessary and denied the motion as moot.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied Robinson fee-free status for purposes of an appeal.
The detailed version
- Robinson v. City of Yonkers Police Department · No. 7:22-cv-03333
- Andrew Krause
- Sept. 26, 2022
Background
The court stated that it had dismissed Robinson’s complaint on July 19, 2022, for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), after Robinson failed to file an amended complaint as directed. The court entered judgment the same day.
On August 8, 2022, Robinson filed a notice of appeal and a motion seeking additional time to file that notice.
Court’s analysis
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. The court determined that Robinson’s August 8 notice was filed within 30 days of the July 19 judgment. The notice was therefore timely, and an extension was unnecessary.
Disposition
The court denied Robinson’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.