Michelle Diana Celillo v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted Michelle Diana Celillo’s motion for an extension of time to file a notice of appeal from the April 15, 2025 judgment. The court found good cause based on plaintiff’s pro se status and efforts to obtain new appellate counsel, and extended the filing deadline to August 13, 2025.

Holdings

1. A district court may extend the time to file a notice of appeal when the party timely moves under Federal Rule of Appellate Procedure 4(a)(5) and establishes excusable neglect or good cause.
2. Plaintiff's timely motion, current pro se status, and attempt to find new counsel constituted good cause to extend the time for filing a notice of appeal.

Questions Presented

1. Whether the district court could extend the time for plaintiff to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(5).
2. Whether plaintiff's pro se status and effort to obtain new appellate counsel constituted good cause for an extension.

Disposition

other