Wang v. Skype Communications S.a.r.l

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Civil Action No.:1: 21-CV-08082-LGS

Hao Zhe Wang pro se ) ) ) VS. ) ) Skype Communications S.a.rl.., et al.) ) ) )

Motion to Extend Time to File Notice of Appeal

Plaintiff respectfully petitions the Court for an extension of 30 days and to give him until April 16, 2022, to file the notice of appeal so that he may have additional time to study the rulings in this case and properly identify several issues that he may include in his appeal.

Respectfully, / ( , LORNA G. SCHOFIEL i UNITED STATES DISTRICT JUDGE

lication DENIED. While the Court sympathizes with pro se Plaintiff, "[t]he power of the federal courts to exte limits on the invocation of appellate jurisdiction is severely circumscribed." Alexander v. Saul, 5 F.4th 1 (2d Cir. 2021) (internal quotation marks omitted). "Under Federal Rule of Appellate Procedure 4(a)(5), a court 'may extend the time to file a notice of appeal if... th[e] party [seeking an extension] shows neglect or good cause." /d. at 142 (quoting Fed. R. App. P. 4{a)(5)). "The 'good cause’ standard applie n the need for an extension arises from factors outside the control of the movant; the 'excusable neglect’ dard applies when the need for an extension results from factors within the movant's control." /d. Here, has not pointed to any factors outside of his control. Because the requirement to file a timely notice of is “mandatory and jurisdictional" the Second Circuit has "taken a hard line" in applying the test for excus: ect. /d. at 148 (internal quotation marks omitted). The relevant test considers four factors: "[1] the danger to the [non-movant], [2] the length of the delay and its potential impact on judicial proceedings, [3] th on for the delay, including whether it was within the reasonable control of the movant, and [4] whether the acted in good faith." /d. at 148. As here, in a typical case the first two factors favor the moving party an