Geron v. Graham

Background

Roberto Geron asked for an extension of time to object to Magistrate Judge Figueredo’s report and recommendation. The report stated that objections had to be submitted within 14 days of the report’s filing, with a deadline of September 28, 2022.

Geron stated that he received the report on September 21, seven days before the deadline. The court noted that he therefore had seven days to submit objections or, at minimum, ask for an extension. He did not request an extension during that period. The court adopted the report on September 29, 2022, and entered judgment on September 30, 2022. Geron’s request was written on October 2, 2022.

Ruling

Judge Gregory H. Woods denied Geron’s request for an extension because it was made after the objection deadline and after both the order adopting the report and recommendation and the judgment had been entered.

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 Geron permission to appeal without paying filing fees, sometimes called in forma pauperis status.

Scope of the Order

This opinion addresses only Geron’s request for more time and his ability to appeal this order without paying filing fees. The provided text does not explain the underlying claims or the substance of the report and recommendation.