Free Order on Motion for Extension of Time - District Court of Connecticut - Connecticut

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_ {wi Case 3:03-cv-00395-JBA Document 44 Filed O4/23/20 Page10f3
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UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF CONNECTICUT
Kevin HACKETT, plaintiff, : i
I v. : No. 3:03c 395 (JBA)
Eileen STOREY, Edward BLANCHETTE, :
Anne FLITCRAFT, Jacqueline :
HARRIS, Timothy SILVIS, and : I
Robert TRESTMAN, defendants. : me Q5 I
tts?] ‘“""* I
Ruling on Plaintiff’s Motions to Extend Time to IileeaQNoticefBf I
Appeal [Docs. ## 30, 34], Motions for Appointmint aricoussépfr `
[Docs. ## 33, 35, 36], Motion to Amend Motions foi Appointm ntfgf
Counsel [Doc. #40], and Motion to Withdraw +otiong;fogjx I
Appointment of Counsel [Doo. #43] €@Q_ l»
éfslilqk
By ruling docketed December 31, 2003, the Covrt granted
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defendants’ motion to dismiss plaintiff’s second Imended I
complaint pursuant to Fed. R. Civ. P. l2(b)(6). nee Ruling [Doc. I
#28]. In a separate document, judgment was enterId in favor of
defendants on the same day. See Judgment [Doc. #I9]. Plaintiff
had thirty days after December 31, 2003 - until January 30, 2004
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— to file his notice of appeal with the clerk of ·his Court. See
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Fed. R. Appellate P. 4(a)(l)(A);1 4(a)(?)(A)(ii).2I Plaintiff, I
acting pro sg for purposes of appealing the CourtIs ruling,
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mistakenly filed his notice of appeal with the clIrk of the
l "In a civil case, ..., the notice of appeal ... musu be filed with the I
district clerk within 30 days after the judgment or order alpealed from is
entered." I
2 "A judgment or order is entered for purposes of thiw Rule 4(a): ...
(ii) if Federal Rule of Civil Procedure 58(a)(l) requires aIseparate document,
when the judgment or order is entered in the civil docket uIder Federal Rule
of Civil Procedure 79(a) and when the earlier of these even s occurs: the
judgment or order is set forth on a separate document .... "
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‘ ` Case 3:03-cv-00395-JBA Document 44 Filed O4/23/20 · Page 2 of 3 J
Second Circuit Court of Appeals on January 29, 20m4. Pursuant to
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Fed. R. Appellate P. 4(d),3 plaintiff’s appeal is thus timely.4
Accordingly, plaintiff’s motions for extension of time [Docs.
##30, 34] are DENIED as most.5
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In addition, there are also docketed three mmtions for i
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appointment of counsel [Docs. ##33, 35, 36], and » motion to
amend them [Doc. #40] to include consideration oflan attached
letter from a legal services organization informifg plaintiff
that it could not take his appeal. On April 8, ZTO4, plaintiff i
filed a motion to withdraw his motions for appoinument of counsel
[Doc. #43], indicating no continued need because `the case has Q
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been docketed in the U.S. Court of Appeals .... " [otion [Doc. i
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#43] at 2 (unnumbered). It is not clear whether uhis statement E
indicates the plaintiff merely sought counsel forlassistance on 5
his perceived untimely notice of appeal or that p aintiff now F
3 "lf a notice of appeal in either a civil or a crimilal case is
mistakenly filed in the court of appeals, the clerk of that court must note on l
the notice the date when it was received and send it to the district clerk. i
The notice is then considered filed in the district court Ou the date so
noted." ` *
4 The Court ascertained the date of plaintiff’s mistaien filing by .
calling the clerk of the Second Circuit. The clerk confirmwd that Hackett's
notice of appeal had been received by the Second Circuit onlJanuary 29, 2004,
and that, per usual procedure, it was forwarded as an enclo ure to the Second l
Circuit’s standard 4(d) letter to this Court. For reasons inknown to the
Court, the Second Circuit’s 4(d) letter does not appear to ·ave been received ;
by the clerk of this Court, and thus was not docketed. The|Court requested ;
and received by facsimile a copy of the original 4(d) lettei, in which it is p
stated that Haokett’s enclosed notice of appeal was receivem on January 29, E
2004. For convenience purposes, the Court attaches to thislorder a copy of I
the faxed 4(d) letter and enclosed notice of appeal along with the facsimile
transmission cover sheet. ’
5 Plaintiff’s second notice of appeal filed with this Court on February
13, 2004 is superfluous.
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‘ ' Case 3:03-cv-00395-JBA Document 44 Filed O4/23/20 · Page 3 of 3
believes he need do nothing more to prosecute his appeal.
Whatever may be his reason, plaintiff has request d withdrawal of
his motions for appointment of counsel {Doc. #43]A which is I
GRANTED. His motions for appointment of counsel ind his motion
to amend the motions for appointment of counsel [mocs. ##33, 35, I
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36, 40] are hereby terminated. I

IT IS so ORDERED.
(K, ..._,, I )
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anet Bond Arterton U.S.D.J.
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Dated at New Haven, Connecticut, this 223 day of April, 2004. I
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