Johnson v. McMorrow

Background

On February 7, 2023, the court had granted the defendants’ motion for summary judgment and dismissed Christopher Johnson’s complaint. Judgment was entered on February 8, 2023, and the case was closed. Johnson had been represented by counsel throughout the district-court proceedings, and the court stated that he continued to have counsel. On March 22, 2023, Johnson filed a motion for more time to file a notice of appeal and a motion to appeal without paying filing fees.

Extension of Time to Appeal

Under Federal Rule of Appellate Procedure 4(a)(5), a party may seek an extension after the normal appeal deadline if the motion is timely and the party shows either good cause or excusable neglect. The court explained that good cause generally concerns circumstances outside the party’s control, while excusable neglect concerns circumstances at least partly within the party’s control. It applied the excusable-neglect standard because Johnson’s failure to appeal on time was at least partly attributed to his own inadvertence.

The court considered the factors for excusable neglect, including prejudice to the opposing party, the length and effect of the delay, the reason for the delay, and whether the party acted in good faith. It noted that Johnson provided little information and had been represented by counsel when the judgment was entered and the appeal period began. Nevertheless, the court concluded that Johnson’s homelessness and medical condition during the 30-day appeal period were enough to establish excusable neglect. The court therefore GRANTED Johnson’s motion for an extension to file a notice of appeal.

Request to Appeal Without Paying Fees

Under Federal Rule of Appellate Procedure 24(a), a party seeking to appeal without paying fees must submit an affidavit showing inability to pay or provide security for fees and costs, claiming an entitlement to relief, and identifying the issues intended for appeal. Johnson did not attach that affidavit and had not previously filed one. The court treated this failure to satisfy the mandatory requirement as fatal and DENIED Johnson’s motion for leave to appeal without paying fees.

Disposition

The court granted the motion for an extension of time to file a notice of appeal and denied the motion for leave to appeal without paying fees. It directed the Clerk of Court to terminate both pending motions and mail a copy of the order to Johnson. Judge Philip M. Halpern entered the order on April 4, 2023.