Nasby v. Garrett

D. Nevada

Nasby v. Garrett

District Court, D. Nevada·Decided May 2, 2022·No. 3:07-cv-00304·Unknown

Opinion

ook ok BRENDAN NASBY, Case No. 3:07-cv-00304-LRH-WGC Petitioner, ‘ v. ORDER TIM GARRETT, et al., Respondents. This habeas matter is before the Court on Petitioner Brendan Nasby’s unopposed Motion to Extend Time (ECF No. 220). Generally, an appeal in a civil case must be taken within 30 days after the entry of judgment. Fed. R. App. 4(a). Rule 4(a) of the Federal Rules of Appellate Procedure (“FRAP”) is the exclusive avenue for relief from the expiration of the period to file a timely notice of appeal. See In re Stein, 197 F.3d 421, 426-27 (9th Cir. 2000). Rule 4(a) provides as follows: I5 The district court may extend the time to file a notice of appeal if: y PP (1) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and (ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause.

FRAP 4(a)(5)(A). Good cause appearing, the Court grants Petitioner’s motion to extend. Petitioner has until May 27, 2022 to file his notice of appeal. IT IS THEREFORE ORDERED that Petitioner’s Motion to Extend Time (ECF No. 220) is GRANTED. DATED this 2"4 day of May 2022. - fo Xf OL Mt ff ARRMICNIEK EAT A {ITED STATES DISTRICT JUDGE

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ook ok BRENDAN NASBY, Case No. 3:07-cv-00304-LRH-WGC Petitioner, ‘ v. ORDER TIM GARRETT, et al., Respondents. This habeas matter is before the Court on Petitioner Brendan Nasby’s unopposed Motion to Extend Time (ECF No. 220). Generally, an appeal in a civil case must be taken within 30 days after the entry of judgment. Fed. R. App. 4(a). Rule 4(a) of the Federal Rules of Appellate Procedure (“FRAP”) is the exclusive avenue for relief from the expiration of the period to file a timely notice of appeal. See In re Stein, 197 F.3d 421, 426-27 (9th Cir. 2000). Rule 4(a) provides as follows: I5 The district court may extend the time to file a notice of appeal if: y PP (1) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and (ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause.

FRAP 4(a)(5)(A). Good cause appearing, the Court grants Petitioner’s motion to extend. Petitioner has until May 27, 2022 to file his notice of appeal. IT IS THEREFORE ORDERED that Petitioner’s Motion to Extend Time (ECF No. 220) is GRANTED. DATED this 2"4 day of May 2022. - fo Xf OL Mt ff ARRMICNIEK EAT A {ITED STATES DISTRICT JUDGE

Nasby v. Garrett, (D. Nev. 2022).

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In Re: Alexander v. Stein, Debtor. John Mitchell, as Trustee for the Bankruptcy Estate of Alexander Stein v. Burt Vetterlein & Bushnell Pc, an Oregon Professional Corporation Eric H. Vetterlein Burt & Gordon Pc, an Oregon Professional Corporation Robert G. Burt Andrea L. Bushnell Burt & Vetterlein Pc, an Oregon Professional Corporation, and Mark A. Gordon, in Re: Alexander v. Stein, Debtor. John Mitchell, as Trustee for the Bankruptcy Estate of Alexander Stein v. Burt Vetterlein & Bushnell Pc, an Oregon Professional Corporation Burt & Gordon Pc, an Oregon Professional Corporation Robert G. Burt Burt & Vetterlein Pc, an Oregon Professional Corporation, and Eric H. Vetterlein Mark A. Gordon Andrea L. Bushnell

197 F.3d 421 (Ninth Circuit, 2000)

Opinion

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