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Richardson v. Jennings

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 18, 2007

CURTIS RICHARDSON, JR., PLAINTIFF,
v.
LT. CHAD JENNINGS, DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiff's oral motion to extend the time to file a notice of appeal. Plaintiff is an inmate within the Illinois Department of Corrections. He filed suit against Defendant alleging violations of his civil rights pursuant to 42 U.S.C. § 1983. (Doc. 1.) On January 17, 2007, a jury found in favor of Defendant. Following the Court's reading of the jury's verdict, Defendant's counsel made a motion to extend the time to file a notice of appeal. The Court took Defendant's motion under advisement.

Under Federal Rule of Appellate Procedure 4(a)(1)(A), a notice of appeal must be filed with the district court within 30 days after judgment has been entered. Rule 4(a)(5)(A) of the Federal Rules of Appellate Procedure states:

The district court may extend the time to file a notice of appeal if:

(a) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and

(b). . . that party shows excusable neglect or good cause. Fed. R. App. P. 4(a)(5)(A).

Plaintiff's motion is certainly timely. Furthermore, because of Plaintiff's appearance at his jury trial, Plaintiff will not be returned to the facility in which he is permanently housed within the Illinois Department of Corrections' system for several days. Plaintiff states, therefore, that he will not be able to gain access to the documents he will need in order to file an appeal. For this reason, the Court finds there is good cause for Plaintiff's motion to extend the time to file his notice of appeal. Accordingly, the Court GRANTS Plaintiff's motion to extend the time to file his notice of appeal. Judgment in this case was entered on January 18, 2007. The Courtwill ALLOW Plaintiff an additional fifteen (15) days in which to filed his notice of appeal. Therefore, Plaintiff has until Monday, March 5, 2007 to file his notice of appeal.

In addition, the Court wishes to advise Plaintiff that if he intends to proceed in forma pauperis upon appeal, he must file a motion to proceed in forma pauperis on appeal, along with: 1) an affidavit that includes a statement of all assets Plaintiff possesses, the nature of the appeal, and the affiant's belief that Plaintiff is entitled to redress. See 28 U.S.C. § 1915(a)(1). In addition, Plaintiff must submit a certified copy of his trust fund account statement for the 6-month period immediately preceding the filing of the notice of appeal, obtained from the appropriate official of each prison at which Plaintiff has been confined. See 28 U.S.C. § 1915(a)(2).However, the Court also wishes to inform Plaintiff that even if his motion to appeal in forma pauperis is granted, he shall still be required to pay the full filing fee over time, unless he has no assets and no means by which to pay the fee. See 28 U.S.C. § 1915(b).

IT IS SO ORDERED.

Signed this 18th day of January, 2007.

David R. Herndon United States District Judge

20070118

© 1992-2007 VersusLaw Inc.



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