Lyons v. City of Dothan, Alabama et al (MAG+)
| Charles Lyons |
| Terry Nelson, Dothan Police Department and City of Dothan, Alabama |
| 1:2020cv00035 |
| January 15, 2020 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Andrew L Brasher |
| Susan Russ Walker |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
20
MEMORANDUM OPINION AND ORDER: On 12/4/2020, the Court, without objection, adopted the Recommendation of the Magistrate Judge, and dismissed this case. (Doc. 15 ). The Court also entered Final Judgment in favor of the Defendants. (Doc. 16 ). The Plaintiff had until 1/4/2021, to file a notice of appeal. Fed. R. App. P. 4(a)(4)(A)(i). On 12/2/2021, the Plaintiff filed a notice of appeal (doc. 19 ), a motion for an extension of time to file an appeal (doc. 17 ) and a motion for leave to appea l in forma pauperis (doc. [18). Pursuant to FRAP 4(a)(5)(A)(i), the Plaintiff may seek an extension of time to file an appeal provided that the "party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires." id. The Plaintiff did not file his motion for an extension of time within the time allowed by Rule 4(a)(5)(A), and thus, is untimely. Because the Plaintiff contends that he "did not receive notice by mail of the case being dismissed," (doc. [17 ] at 3), the Court considers whether to reopen the time for appeal pursuant to Rule 4(a)(6). Accordingly, for the reason as stated and for good cause, it is ORDERED that Plaintiff's motion for extension of time to file appeal (doc. [17) and moti on for leave to appeal in forma pauperis (doc. 18 ) are DENIED. It is further ORDERED that the notice of appeal received on 12/2/2021 (doc. 19 ) is deemed untimely. Signed by Chief Judge Emily C. Marks on 12/14/2021. Furnished Appeals Clerk.(dmn, )
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Filing
15
MEMORANDUM OPINION and ORDER ADOPTING 14 Report and Recommendation of the Magistrate Judge, the def's 6 motion to dismiss is GRANTED, and this case is DISMISSED; a separate final judgment will be entered. Signed by Chief Judge Emily C. Marks on 12/4/2020. (djy, )
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