Fuller v. Roar Money
- Laura Swain
- 1:22-cv-05284
- U.S. District Court · Southern District of New York
- 2
In Fuller v. Roar Money, Judge Swain denied as moot Fuller’s extension request because his appeal notice was timely.
The order directly affected Stanely Fuller’s request for additional time to appeal. It also addressed whether he could appeal this order without paying the filing fee; Roar Money was not the subject of a new merits ruling.
What happened
In Fuller v. Roar Money, the court had already dismissed Fuller’s amended complaint for lack of subject-matter jurisdiction and entered judgment. Fuller then filed a notice of appeal and asked for more time to appeal.
Judge Swain explained that civil appeals generally must be filed within 30 days after judgment. Because Fuller filed his notice within 30 days, the court found the notice timely and said an extension was unnecessary.
The court denied Fuller’s extension motion as moot and directed the Clerk to terminate it. Judge Swain also denied permission to appeal without paying court fees, finding that any appeal from this order would not be taken in good faith.
The detailed version
- Fuller v. Roar Money · No. 1:22-cv-05284
- Laura Swain
- Sept. 6, 2023
Background
The court said that, in an earlier order, it dismissed Fuller’s amended complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3), after allowing him to revise his claims. The Clerk entered judgment on October 26, 2022. Fuller filed a notice of appeal on November 21, 2022, along with a motion asking for more time to file the notice.
Reasoning
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. The court determined that Fuller’s November 21 notice was filed within 30 days of the October 26 judgment. Because the notice was timely, the court concluded that an extension was unnecessary.
The opinion also notes that the Second Circuit later dismissed Fuller’s appeal for failure either to pay the filing fee or to submit an application to proceed without paying it. That earlier appellate action did not change the court’s ruling on the extension motion.
Ruling
The court denied Fuller’s motion for an extension of time to file a notice of appeal as moot and directed the Clerk to terminate the motion. Judge Laura Taylor Swain 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 permission to appeal without paying the filing fee. This order addressed the appeal-related motions and did not decide the underlying claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.