Gorneff v. Ilishayev
- Laura Swain
- 1:23-cv-10520
- U.S. District Court · Southern District of New York
- 2
In Gorneff v. Ilishayev, Judge Swain denied Gorneff’s request for more time to appeal as unnecessary because the deadline had not expired.
Serge L. Gorneff’s request for more time to appeal was denied as unnecessary, and his request to proceed without paying appellate fees was denied for an appeal from this order.
What happened
In Gorneff v. Ilishayev, the court had previously dismissed the action without prejudice because it duplicated Gorneff’s pending case under another docket number.
Gorneff filed a notice of appeal and asked for more time to file it. The court explained that civil appeals generally must be filed within 30 days after judgment, and that Gorneff’s deadline had not yet expired.
Judge Laura Taylor Swain denied the request for an extension as unnecessary. The court also ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for that appeal.
The detailed version
- Gorneff v. Ilishayev · No. 1:23-cv-10520
- Laura Swain
- Feb. 21, 2024
Background
On January 19, 2024, the court dismissed this action without prejudice because it duplicated Gorneff’s pending case under docket number ECF 1:23-CV-9141. On February 15, 2024, Gorneff filed a notice of appeal and moved for an extension of time to file a notice of appeal.
Court’s Analysis
The court applied Federal Rule of Appellate Procedure 4(a)(1)(A), which generally requires a notice of appeal in a civil case to be filed within 30 days after entry of judgment. The court determined that Gorneff’s time to file a notice of appeal had not expired. Because an extension was therefore unnecessary, the court denied the motion as unnecessary.
Disposition
The court denied Gorneff’s request for an extension of time to appeal as unnecessary. It 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-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.