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REID v. DURHAM, 3:12-cv-962-JPG-PMF. (2015)

Court: District Court, S.D. Illinois Number: infdco20150429d88 Visitors: 5
Filed: Apr. 28, 2015
Latest Update: Apr. 28, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . The Court, being fully advised in the premises, hereby GRANTS in part and DENIES in part the motions of attorney Edward J. Szewczyk for leave to withdraw instanter from this case as the attorney for the Plaintiff, Elijah Reid, and for an extension of time to file post-trial motions and a notice of appeal (Docs. 74 & 75). The Court GRANTS the motion to withdraw as counsel and ORDERS that Szewczyk is WITHDRAWN as plaintiff'
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MEMORANDUM AND ORDER

The Court, being fully advised in the premises, hereby GRANTS in part and DENIES in part the motions of attorney Edward J. Szewczyk for leave to withdraw instanter from this case as the attorney for the Plaintiff, Elijah Reid, and for an extension of time to file post-trial motions and a notice of appeal (Docs. 74 & 75).

The Court GRANTS the motion to withdraw as counsel and ORDERS that Szewczyk is WITHDRAWN as plaintiff's counsel in this case. Counsel was appointed to represent Reid in this Court only, the trial is completed, and entry of final judgment is imminent.

The Court DENIES the motion for an extension of time to file post-trial motions. Reid has 28 days from entry of judgment to file post-trial motions under Federal Rules of Civil Procedure 50(b), 50(d), 52(b), 59(b) and 59(e). The Court is not permitted to extend these deadlines. Fed. R. Civ. P. 6(b)(2).

The Court GRANTS the motion for an extension of time to file a notice of appeal. Under Federal Rule of Appellate Procedure 4(a)(1), Reid ordinarily would have 30 days from entry of judgment to file a notice of appeal. The Court may extend this deadline by 30 days pursuant to Federal Rule of Appellate Procedure 4(a)(5). The Court finds it appropriate to grant such an extension in this case and ORDERS that Reid shall have 60 days from entry of judgment to file a notice of appeal (not counting time that may be tolled by certain post-trial motions, see Fed. R. App. P. 4(a)(4)).

The Court further DIRECTS the Clerk of Court to send a copy of this order to Reid at the address for him in the Court file.

IT IS SO ORDERED.

Source:  Leagle

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