Duckett v. Garcia

Summary

The United States District Court for the Northern District of California grants Jasmine Duckett's motion for an extension of time to file a notice of appeal. The court finds that the motion was timely under Federal Rule of Appellate Procedure 4(a)(5) and that the plaintiff demonstrated good cause based on delayed mail and the need to obtain assistance. The court deems the notice of appeal timely filed.

Holdings

1. A motion for an extension of time under Federal Rule of Appellate Procedure 4(a)(5) may be filed within thirty days after expiration of the original notice-of-appeal period; because judgment was entered June 17, 2025, plaintiff's August 4, 2025 motion was timely.
2. Plaintiff established good cause for an extension based on delayed mail and the need to obtain assistance with the appeal.

Questions Presented

1. Whether plaintiff's motion for an extension of time to file a notice of appeal was timely under Federal Rule of Appellate Procedure 4(a)(5).
2. Whether plaintiff demonstrated good cause or excusable neglect warranting an extension of the appeal period.
3. Whether the notice of appeal should be deemed timely filed.

Disposition

other