Quinones v. Lee
- Vincent Briccetti
- 7:20-cv-04621
- U.S. District Court · Southern District of New York
- 2
In Quinones v. Lee, Judge Briccetti denied as moot Quinones’s request to extend the appeal deadline because his notice was timely.
The plaintiff’s request for more time to file a notice of appeal was denied as moot; any other appeal-related requests must be directed to the Second Circuit.
What happened
Quinones v. Lee involved a request to extend the time to file a notice of appeal from an earlier judgment.
The court found that the notice of appeal had already been filed on time, so an extension was unnecessary. The request also referred to needing more time for an appellate brief.
Judge Briccetti denied the extension request as moot, directed any other appeal-related requests to the U.S. Court of Appeals for the Second Circuit, and instructed the Clerk to terminate the motion.
The detailed version
- Quinones v. Lee · No. 7:20-cv-04621
- Vincent Briccetti
- Jan. 26, 2024
Background
The plaintiff submitted a motion under Rule 4(a)(5) of the Federal Rules of Appellate Procedure, which allows a district court to extend the deadline for filing a notice of appeal in certain circumstances. The motion stated that the plaintiff wanted to appeal the judgment entered on December 18, 2023. It also stated that the notice of appeal had already been filed on time, but that more time was needed to prepare the underlying appellate brief because of correctional-facility policies requiring court-ordered deadlines.
Court’s Decision
The court denied as moot the request for an extension of time to file a notice of appeal because the notice had been timely filed. A request is moot when the court can no longer provide the requested relief because the relevant event has already occurred. The court did not decide the merits of the appeal. It stated that any other requests concerning the appeal must be made to the U.S. Court of Appeals for the Second Circuit. The Clerk was instructed to terminate the motion, and chambers was directed to mail a copy of the order to the plaintiff at the address on the docket.
Disposition
The motion for an extension of time was denied as moot. The order was signed by United States District Judge Vincent L. Briccetti on January 26, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.