Amanda Jeane Dawson v. Napa County, et al.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AMANDA JEANE DAWSON, Case No. 25-cv-01923-JSC

8 Plaintiff, ORDER RE: PLAINTIFF’S MOTION 9 v. FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL 10 NAPA COUNTY, et al., Re: Dkt. No. 85 Defendants. 11

12 13 On December 3, 2025, the Court entered judgment against Plaintiff. (Dkt. No. 78.) On 14 March 30, 2026, Plaintiff filed a notice of appeal, (Dkt. No. 84), as well as a motion for extension 15 of time to file a notice of appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5), (Dkt. 16 No. 85). 17 Federal Rule of Appellate Procedure 4(a)(1)(A) provides a notice of appeal “must be filed 18 with the district clerk within 30 days after entry of the judgment or order appealed from.” See 19 Fed. R. App. P. 4(a)(1)(A). Rule 4(a)(1)(A)’s “thirty-day time limit is mandatory and 20 jurisdictional.” Hanson v. Shubert, 968 F.3d 1014, 1017 (9th Cir. 2020) (quotation marks and 21 citation omitted). However, Federal Rule of Appellate Procedure 4(a)(5)(A) provides:

22 The district court may extend the time to file a notice of appeal if: (i) a party so moves no later than 30 days after the time prescribed by 23 this Rule 4(a) expires; and (ii) regardless of whether its motion is filed before or during the 30 24 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause. 25 Fed. R. App. P. 4(a)(5)(A). “Like the deadline for a notice of appeal, the requirement that motions 26 for extension of time be made within thirty days after the original filing deadline is ‘mandatory 27 and jurisdictional.’” Pettitt v. Chiang, 357 F. App’x 50, 52 (9th Cir. 2009) (quoting Alaska 1 || Limestone Corp. v. Hodel, 799 F.2d 1409, 1411 (9th Cir. 1986) (per curiam)). 2 Because the Court entered judgment on December 3, 2025, the deadline for Plaintiff to file 3 a notice of appeal was January 2, 2026. See Fed. R. App. P. 4(a)(1)(A). The deadline for Plaintiff 4 || to request an extension of time was therefore February 1, 2026. See Fed. R. App. P. 4(a)(5)(A). 5 Because Plaintiff did not request an extension of time until March 30, 2026, the Court does not 6 || have jurisdiction to consider Plaintiff's motion. See Petitt, 357 F. App’x at 52 (“The district court 7 || correctly determined that it did not have jurisdiction to consider a motion for an extension of time 8 || that was filed after the deadline prescribed by Federal Rule of Appellate Procedure 4(a)(5)(A).”). 9 || Because the Court does not have jurisdiction to consider Plaintiff's motion, the Court cannot 10 || consider whether Plaintiff has shown “excusable neglect or good cause” to justify extending her 11 time. See Fed. R. App. P. 4(a)(5)(A)(ii). 12 The Court therefore DENIES Plaintiff's motion for an extension of time to file a notice of 13 appeal. 14 This Order disposes of Docket No. 85. 3 15 IT IS SO ORDERED. a 16 || Dated: April 6, 2026

ne Z 18 JAQQUELINE SCOTT CORL 19 United States District Judge 20 21 22 23 24 25 26 27 28