Johnson v. Rose M. Singer Center
- Laura Swain
- 1:22-cv-02410
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Rose M. Singer Center, Judge Swain granted more time to appeal but denied appeal-related fee-free status.
Jinja Johnson received additional time to file a notice of appeal, but fee-free status was denied for an appeal from this order.
What happened
Jinja Johnson sued Rose M. Singer Center and others without a lawyer. The court had dismissed her complaint and entered judgment, and she later requested more time to file an appeal after saying she did not receive the dismissal order promptly.
The court explained that an appeal notice normally must be filed within 30 days after judgment. It found that Johnson requested an extension within the permitted period and had stated a reason for the delay.
Judge Laura Taylor Swain granted Johnson’s motion for an extension of time to file a notice of appeal. The court also ruled that an appeal from this order would not be taken in good faith and denied fee-free status for that appeal.
The detailed version
- Johnson v. Rose M. Singer Center · No. 1:22-cv-02410
- Laura Swain
- Apr. 4, 2023
Background
Jinja Johnson filed the action without a lawyer. On December 20, 2022, the court dismissed her complaint under 28 U.S.C. § 1915(e)(2)(B)(ii), and the Clerk of Court entered judgment the next day. The Clerk’s Office received Johnson’s motion for an extension of time to file a notice of appeal and her notice of appeal on January 6, 2023. Johnson stated that she did not receive notice of the dismissal order until January 4, 2023.
Legal standard and reasoning
Under Federal Rule of Appellate Procedure 4(a)(1)(A), a notice of appeal in a civil case generally must be filed within 30 days after judgment. Rule 4(a)(5)(A) allows a district court to extend that deadline when the motion is filed within 30 days after the appeal deadline expires and the party shows excusable neglect or good cause. The court found that Johnson’s request was filed within that period and granted the extension based on the circumstances stated in her motion.
Ruling
The court granted Johnson’s motion for an extension of time to file a notice of appeal. 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 from the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.