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Johnson v. Lappin

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


February 26, 2007

RASHEEN JOHNSON, INMATE #29040-044, PLAINTIFF,
v.
HARLEY G. LAPPIN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

Currently pending before the Court is Plaintiff's motion (Doc. 8) for an extension of time to file a notice of appeal from the Court's judgment dismissing his case.

Under Fed. R. App. P. 4(a)(1)(B), in a civil action in which the United States or its officer or agency is a party, as is the case here, a party has 60 days from the entry of judgment to file a notice of appeal. The Court dismissed the case on December 18, 2006. Plaintiff filed his motion for extension of time to file his notice of appeal on February 20, 2007, just outside of the sixty-day window. Under Rule 4(a)(5)(a)(ii), the Court may extend time to file the notice of appeal where the party shows good cause for the delay. Plaintiff here states that he was transferred to two different institutions between January 2, and January 28, 2007, and there was a delay in receiving his personal property, which included his legal papers. Because the Court believes this to be good cause for the delay, Plaintiff's motion requesting an extension of time to file his notice of appeal (Doc. 8) is GRANTED. The Clerk is DIRECTED to file Plaintiff's proposed notice of appeal.

IT IS SO ORDERED.

20070226

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