Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-01328-GIVIS Document 76 Filed 12/19/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES HALL, )
Plaintiff, )
v. 3 Civ. Action No. 04-1328-GMS
DAVID HOLMAN, et al., g
Defendants. )
ORDER
WHEREAS, on July I3, 2007, the court entered an order, dated July I2, 2007, dismissing
the case with prejudice pursuant to Fed. R. Civ. P. 4l(b) for want of prosecution (D.I. 70);
WHEREAS, on August 23, 2007, the plaintiff, James Hall ("Hall"), filed a notice of
appeal ofthe July 12, 2007 order (D.I. 71);
WHEREAS, pursuant to Fed. R. App. P. 4(a)(l), the time for filing a notice of appeal is
within thirty (30) days after the judgment or order appealed from is entered;
WHEREAS, on the same date Hall filed his notice of appeal, he submitted a letter to the
court explaining that he was belatedly given, by the pretrial law library, a notice of appeal and
packet, indicating that the law librarian would "concur the facts" and requesting consideration
that he not be penalized (presumably for filing the late notice of appeal) (D.I. 72);
WHEREAS, considering the foregoing, the court construes the letter (D.I. 72) as a motion
for an extension of time to file a late notice of appeal and finds that Hall has demonstrated good
cause for the late filing as required by Fed. R. App. P. 4(a)(5)(A)(ii);
THEREFORE, at Wilmington this E gay of December, 2007, IT IS ORDERED that
the motion for an extension of time to file a notice of appeal (D.I. 72) is GRANTED and the

Case 1:04-cv—01328-G|\/IS Document 76 Filed 12/19/2007 Page 2 of 2
notice of appeal is deemed tiled as of the date this order is granted pursuant to Fed. R. App. P.
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CHIEE, ED STATES i;;STRIC
F I L E D
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