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Akassy v. New York Daily News, 14-cv-1725-LTS. (2018)

Court: District Court, S.D. New York Number: infdco20181105g82 Visitors: 3
Filed: Nov. 02, 2018
Latest Update: Nov. 02, 2018
Summary: ORDER LAURA TAYLOR SWAIN , District Judge . Plaintiff has moved pro se for an extension of time to file a notice of appeal. (Docket Entry No. 80.) Plaintiff seeks to appeal the Court's Memorandum Order denying Plaintiff's motion for reconsideration ("Reconsideration Order"), dated June 7, 2017. (Docket Entry No. 74.) On March 22, 2018, Plaintiff wrote a letter to the Court indicating that he had not received a copy of the Reconsideration Order, and that he wished to appeal that decision.
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ORDER

Plaintiff has moved pro se for an extension of time to file a notice of appeal. (Docket Entry No. 80.) Plaintiff seeks to appeal the Court's Memorandum Order denying Plaintiff's motion for reconsideration ("Reconsideration Order"), dated June 7, 2017. (Docket Entry No. 74.) On March 22, 2018, Plaintiff wrote a letter to the Court indicating that he had not received a copy of the Reconsideration Order, and that he wished to appeal that decision. (Docket Entry No. 76.) On April 2, 2018, the Court reopened Plaintiff's time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6), and directed the Clerk of Court to mail a copy of the Reconsideration Order to Plaintiff (Docket Entry No. 77.) Sixteen days later, on April 18, 2018, Plaintiff filed his notice of appeal. (Docket Entry No. 78.)

Plaintiff's motion for an extension of time to file a notice of appeal is untimely under Federal Rule of Appellate Procedure 4(a)(6) and 28 U.S.C. § 2107(c) because (i) more than 180 days have passed since the Reconsideration Order was entered, and (ii) because more than 14 days have passed since Plaintiff received notice under Federal Rule of Civil Procedure 77(d) of the entry of that Order. The requirement to "appeal within the prescribed time is mandatory and jurisdictional." Bowles v. Russell, 551 U.S. 205, 209 (2007). This Court "has no authority to create equitable exceptions to jurisdictional requirements." Id. at 214. Thus, because all relevant time periods for Plaintiff's appeal have expired, the Court is unable to grant his request. Plaintiff's motion is therefore denied.

Docket Entry No. 80 is resolved.

SO ORDERED.

Source:  Leagle

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