Newton v. US Census Bureau
- Laura Swain
- 1:22-cv-02841
- U.S. District Court · Southern District of New York
- 2
In Newton v. U.S. Census Bureau, Judge Swain denied as moot Newton’s request for more time to appeal because her appeal was timely.
Melissa M. Newton, whose request for more time to appeal was denied as moot and whose permission to appeal without paying the filing fee was denied.
What happened
In Newton v. U.S. Census Bureau, the court addressed Melissa M. Newton’s request for more time to file an appeal. The court had previously dismissed her complaint without prejudice because she had not paid the filing fee or submitted an application to proceed without paying it.
Newton filed a notice of appeal on June 3, 2022, and also asked for more time to appeal. Federal rules generally require a civil appeal to be filed within 30 days after judgment. The court found that Newton’s notice was filed within that period.
Judge Laura Taylor Swain therefore denied the request for more time as moot, meaning no extension was needed. The court also denied permission to appeal without paying the filing fee, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Newton v. US Census Bureau · No. 1:22-cv-02841
- Laura Swain
- Sept. 26, 2022
Background
The court had dismissed Melissa M. Newton’s complaint without prejudice on May 9, 2022, because she had not paid the filing fee or submitted an application to proceed without paying it. The court entered judgment that same day.
On June 3, 2022, Newton filed a notice of appeal and a motion asking for an extension of the deadline to appeal. She stated that she was unsure whether she had missed the deadline.
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 is entered. The court determined that Newton’s June 3 notice of appeal was filed within 30 days of the May 9 judgment. The notice was therefore timely, and an extension was unnecessary.
Ruling
The court denied Newton’s motion for an extension of time to file a notice of appeal as moot. The court also certified that any appeal from this order would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.