Brandon Lavergne v. Darrel Vannoy, Warden
| DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY |
| BRANDON SCOTT LAVERGNE |
| 19-30912 |
| November 6, 2019 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Docket Report
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| COURT ORDER that Rule 4(a)(5) of the Federal Rules of Appellate Procedure allows the district court to extend the time for filing a notice of appeal for an additional thirty days, or for fourteen days after granting the motion, whichever is later, if the appellant files a motion within thirty days after the notice of appeal was originally due and shows excusable neglect or good cause. In the notice of appeal, the plaintiff stated that he did not receive notice of the denial until October 31, 2019, and that he immediately requested a copy of the order so that he could pursue an appeal. We treat such a statement as a timely motion for finding excusable neglect or good cause for filing the notice of appeal late, and we remand. After making the necessary findings, the direct court shall return the case to us for further proceedings or dismissal as appropriate (IN DETAIL) [9203438-2]. [19-30912] (MCS) [Entered: 12/19/2019 01:57 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Initial AA Check Due satisfied. [19-30912] (SEP) [Entered: 12/05/2019 09:25 AM] |
| PRISONER CASE WITHOUT COUNSEL docketed. NOA filed by Appellant Mr. Brandon Scott Lavergne. [19-30912] (SEP) [Entered: 11/06/2019 08:38 AM] |
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| Respondent / appellee: DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY | |
| Represented By: | Daniel Morgan Landry Esq. III |
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| Petitioner / appellant: BRANDON SCOTT LAVERGNE | |
| Represented By: | Brandon Scott Lavergne |
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