Granados v. NYS DOCCS
- Laura Swain
- 1:22-cv-08804
- U.S. District Court · Southern District of New York
- 2
Granados v. NYS DOCCS: Judge Swain denied Granados’s request for more appeal time because her notice was timely and denied her fee-free appeal status.
Delia Granados’s request for additional time to appeal and her ability to pursue an appeal from this order without paying filing fees.
What happened
In Granados v. NYS DOCCS, Delia Granados, representing herself, asked for more time to file a notice of appeal after judgment was entered dismissing her case. She had already filed a notice of appeal four days after judgment.
The court explained that the deadline for appealing was 30 days after entry of the judgment. Because Granados’s notice was filed within that period, the court denied her request for an extension as unnecessary.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied Granados permission to pursue the appeal without paying the required filing fees.
The detailed version
- Granados v. NYS DOCCS · No. 1:22-cv-08804
- Laura Swain
- Mar. 6, 2023
Background
Delia Granados brought the action without a lawyer and was proceeding without paying court fees. The court had previously dismissed her complaint while allowing her to file an amended version, and later dismissed her second amended complaint. Judgment was entered on February 9, 2023.
Granados filed a motion to vacate the dismissal and a notice of appeal on February 13, 2023. She later filed another notice of appeal and a motion for more time to file a notice of appeal. The court had previously treated her motion to vacate as a request for reconsideration and for the judge’s recusal, and denied those requests.
Current motion
The court considered Granados’s request for an extension of the appeal deadline. Under the federal appellate rule cited by the court, a party generally has 30 days from entry of the order or judgment being challenged to file a notice of appeal.
Because judgment was entered on February 9, 2023, and Granados’s first notice of appeal was received on February 13, 2023, the notice was filed within the 30-day deadline. The court therefore found that an extension was unnecessary.
Ruling
The court denied Granados’s motion for an extension of time to appeal as unnecessary. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied her permission to proceed without paying filing fees for an appeal from this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.