Washington State Superior Court of Thurston County v. Green

• Court: District Court, W.D. Washington
• Decided: August 20, 2025
• Docket: 3:25-cv-05317
• Status: Unknown

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 WASHINGTON STATE SUPERIOR Case No. 3:25-cv-05317-TMC 8 COURT OF THURSTON COUNTY, ORDER DENYING MOTION FOR 9 EXTENSION OF TIME TO FILE APPEAL Plaintiff, 10 v. 11 CAROLYN SIOUX GREEN, also known as 12 CAROLYN BECKER, 13 Defendant. 14 15 This matter comes before the Court on Pro Se Defendant Carolyn Sioux Green’s motion 16 for extension of time to file an appeal. Dkt. 30. On April 16, 2025, Ms. Green removed this case 17 from Thurston County Superior Court to this Court. Dkt. 1. Upon review of the complaint and 18 related documents, the Court determined it lacked subject matter jurisdiction over the action. 19 Dkt. 27 at 1–2. The Court ordered the case remanded on May 15, 2025. See id. 20 On August 7, 2025, Ms. Green moved for an extension of time to file an appeal of the 21 Court’s remand order. Dkt. 30. In her motion, she explains that she was involved in a serious car 22 accident and was treated for several injuries, including a concussion. Id. at 1. This medical care 23 24 1 continued through August 6, 2025. Id. Thus, Ms. Green argues, good cause exists for granting 2 the extension. Id. at 2. 3 As Ms. Green notes, Federal Rule of Appellate Procedure 4(a) governs the timeline for

4 filing an appeal and requesting a related extension. Id. Under Rule 4(a)(1)(A), an individual has 5 30 days after the entry of the judgment or order to file an appeal. If one of the parties is the 6 United States, or one of its officers or employees, an individual has 60 days to file. Fed. R. App. 7 P. 45(a)(1)(B). These deadlines are “mandatory and jurisdictional.” Alaska Limestone Corp. v. 8 Hodel, 799 F.2d 1409, 1411 (9th Cir.1986) (per curiam); Vahan v. Shalala, 30 F.3d 102, 103 (9th 9 Cir.1994) (per curiam). 10 Under Rule 4(a)(5)(A), the district court may extend the time to file a notice of appeal if: 11 (i) a party moves for an extension no later than 30 days after the time prescribed in Rule 4(a)(1) 12 expires; and (ii) the party shows excusable neglect or good cause for the requested delay. Both

13 requirements must be met for a court to grant an extension. See, e.g., Pettitt v. Chiang, 357 F. 14 App’x 50, 51 (9th Cir. 2009); Alaska Limestone, 799 F.2d at 1411 (“The district court may 15 extend this period if two requirements are met[.]”). 16 Here, the Court ordered the case remanded on May 15, 2025. Dkt. 27. The parties are 17 Ms. Green and the Superior Court of Thurston County, a state entity. Dkt. 1. Accordingly, 18 neither party is the United States or one of its officers or employees. Fed. R. App. P. 45(a)(1)(B). 19 Thus, Ms. Green had 30 days after May 15, 2025 to either file her appeal or move for an 20 extension. Fed. R. App. P. 45(a)(1)(A). This means Ms. Green had until June 16, 2025 to file her 21 appeal. See id. And she had until July 16, 2025 to move for an extension of time. Fed. R. App. P. 22 45(a)(5)(A).

23 24 l But Ms. Green did not move for an extension of time until August 7, 2025. See Dkt. 30. 2 Thus, Ms. Green’s motion was untimely under Rule 45(a)(5)(A)(i). For this reason, the Court is 3 required to deny Ms. Green’s motion. See Alaska Limestone, 799 F.2d at 1411. 4 Further, Ms. Green has not demonstrated good cause for the delay. Ms. Green states that 5 her accident-related injuries required medical treatment through August 6. Dkt. 30 at 1. She 6 provided medical records. /d. at 4-8. The Court does not question the severity of her injuries or 7 challenges they may have created for her. But the Court notes that the accident occurred, and 8 Ms. Green began treatment, on June 20, 2025. /d. at 4. That means the accident occurred after g || the deadline for filing the appeal had expired. See id.; see Fed. R. App. P. 45(a)(5)(A)(i). Ms. Green could have filed within 30 days after the Court’s order, before the accident that 11 created these difficulties. Thus, the Court finds, good cause does not exist for her delay. See Fed. 12 || R. App. P. 45(a)(5)(A)(i). 13 For these reasons, the Court DENIES the motion for an extension of time to file an 14 appeal. Dkt. 30. The Clerk is directed to send uncertified copies of this Order to all counsel of 15 || record and to any party appearing pro se at said party’s last known address. 16 Dated this 20th day of August, 2025. 17 i C A

18 TiffanyM. Cartwright United States District Judge 19 20 21 22 23 24