Temesgen v. D'Agusto
- Laura Swain
- 1:23-cv-02048
- U.S. District Court · Southern District of New York
- 2
In Temesgen v. D’Agusto, Judge Swain denied the request for more time to appeal as unnecessary and denied fee-free appeal status.
Israel Temesgen, whose request for additional time to file an appeal was denied as unnecessary and whose fee-free status for an appeal from this order was denied.
What happened
In Temesgen v. D’Agusto, Israel Temesgen asked for more time to appeal an earlier judgment that dismissed his case. The court had given him 60 days to amend his complaint, but he did not file an amended complaint.
The court explained that a civil appeal generally must be filed within 30 days after judgment is entered. Because that period had not ended when Temesgen filed his notice of appeal, the court said an extension request was unnecessary.
Judge Laura Taylor Swain denied the extension request as unnecessary. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for that appeal.
The detailed version
- Temesgen v. D'Agusto · No. 1:23-cv-02048
- Laura Swain
- Feb. 13, 2024
Background
The court said that an earlier order dated October 16, 2023, dismissed Israel Temesgen’s action for lack of subject-matter jurisdiction and failure to state a claim. That order gave Temesgen 60 days to amend his complaint to allege facts showing that the court had jurisdiction. Temesgen did not file an amended complaint.
The court then entered a civil judgment dated January 2, 2024, and docketed January 3, 2024. The judgment dismissed the action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3) and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).
Appeal deadline
Temesgen filed a notice of appeal on February 1, 2024, and also moved for an extension of time to file the notice. Under Federal Rule of Appellate Procedure 4(a)(1)(A), a civil notice of appeal generally must be filed within 30 days after entry of judgment. The court stated that the deadline had not expired when Temesgen filed his notice of appeal, so an extension was unnecessary.
Ruling
Judge Laura Taylor Swain denied Temesgen’s motion for an extension of time to file a notice of appeal as unnecessary. The court 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 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.