Christian v. Lopez
- Gregory Woods
- 1:23-cv-10823
- U.S. District Court · Southern District of New York
- 2
In Ferris Christian v. Julissa Lopez, Judge Woods denied an appeal-time extension and denied appellate fee-waiver status after dismissal for failure to prosecute.
Ferris Christian, whose request for more time to appeal was denied and whose request to proceed without paying appeal fees was denied or treated as moot as described in the order.
What happened
In Ferris Christian v. Julissa Lopez, the court had dismissed Ferris Christian’s action for failure to prosecute on March 5, 2024. Christian had agreed to electronic service and therefore received notice when the dismissal was filed. The dismissal was without prejudice, so the court said he could file the action again.
Christian later asked for more time to file a notice of appeal and asked to proceed without paying the appeal fees. He filed the extension request 11 days after the 30-day appeal deadline ended. The court found that he gave no reason for the delay and did not show good cause.
Judge Gregory H. Woods denied the request for more time. The court also certified that an appeal from this order or the earlier dismissal would not be taken in good faith and denied fee-waiver status for those appeals; it additionally described Christian’s fee-waiver motion as moot because the appeal deadline had passed. The clerk was directed to terminate both motions.
The detailed version
- Christian v. Lopez · No. 1:23-cv-10823
- Gregory Woods
- Apr. 17, 2024
Background
On March 5, 2024, the court dismissed this action for failure to prosecute. The dismissal was without prejudice. Ferris Christian had previously agreed to receive filings and notices electronically, monitor the docket, and stop receiving paper copies. The court therefore found that he received notice of the dismissal when it was filed.
On April 16, 2024, Christian filed two motions: one seeking an extension of time to file a notice of appeal, and one seeking permission to proceed without paying the required appeal fees. The opinion describes Christian as representing himself.
Extension of Time to Appeal
In a civil case, a party ordinarily has 30 days after entry of the judgment or order to file a notice of appeal. Under Federal Rule of Appellate Procedure 4(a)(5)(A), the court may extend that deadline if the motion is timely and the party shows excusable neglect or good cause.
Christian filed his motion 11 days after the 30-day period expired. His stated explanation referred to service on Julissa Lopez and Citibank and to New York service-of-process law, but the court found that he did not provide any reason for his delay or show good cause. Construing his request favorably because he was representing himself, the court denied the extension request.
Appeal Fee Waiver
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order or from the March 5 dismissal would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal of either order. The court also stated that Christian’s motion to proceed without paying fees on an appeal from the March 5 order was moot because the appeal deadline had passed and no extension would be granted.
Disposition
The court denied the request for an extension of time to file a notice of appeal. It denied appeal fee-waiver status for an appeal from this order or the March 5 dismissal, and stated that the motion concerning an appeal from the March 5 order was moot. The clerk was directed to terminate the motions at Docket Numbers 15 and 16. Judge Gregory H. Woods signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.