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Akeem Abdul Makin, Jeral Kelly, Individually and on Behalf of Those Similarly Situated Throughout the Colorado Department of Corrections v. Department of Corrections, Colorado Frank O. Gunter, Executive Director, in His Official Capacity and Individually

Citations: 13 F.3d 406; 1993 U.S. App. LEXIS 37605; 1993 WL 523205Docket: 93-1237

Court: Court of Appeals for the Tenth Circuit; December 14, 1993; Federal Appellate Court

Narrative Opinion Summary

This case involves two inmates from the Colorado Department of Corrections who appealed the district court's denial of their motion for an extension to file an appeal. The initial complaint, filed under 42 U.S.C. 1983, challenged the provision of Islamic clergy for Muslim inmates, but was dismissed based on a prior class action settlement addressing the issue. The inmates sought an extension 36 days after the dismissal, which was denied due to their inability to demonstrate excusable neglect under Fed. R. App. P. 4(a). Despite their claims of court attendance and lack of law library access, the appellate court affirmed the district court’s decision, emphasizing the mandatory and jurisdictional nature of appeal deadlines. The court concluded that the district court did not abuse its discretion, as the reasons for delay presented were unconvincing and unsupported by evidence. Consequently, the dismissal stood, with the appellate court ruling that the time limits for filing appeals were not met, and the initial class action settlement remained sufficient for addressing the inmates' claims.

Legal Issues Addressed

Appeal Timeliness and Jurisdiction

Application: The appellate court reaffirmed that the timeliness of filing a notice of appeal is mandatory and jurisdictional, per Fed. R. App. P. 4(a).

Reasoning: Jurisdiction is established only with a timely notice of appeal, with deadlines set by Fed. R. App. P. 4(a) being mandatory.

Application of Prior Class Action Settlement

Application: The court referenced a prior settlement that adequately addressed the religious needs of Muslim inmates, leading to the dismissal of Makin and Kelly's complaint.

Reasoning: The complaint, filed under 42 U.S.C. 1983, alleged insufficient provision of Islamic clergy for Muslim inmates, but the district court dismissed it, stating that religious needs were being adequately met per a prior class action settlement.

District Court's Discretion in Extension Denials

Application: The district court's denial of the extension was upheld because it did not abuse its discretion, as Makin and Kelly did not substantiate their claims of excusable neglect.

Reasoning: A district court's denial of an extension to file an appeal can only be overturned if it abused its discretion, defined as making an arbitrary or unreasonable judgment.

Excusable Neglect Standard for Appeal Extensions

Application: Makin and Kelly's failure to demonstrate 'excusable neglect' resulted in the denial of their extension request to file an appeal.

Reasoning: Relief under Rule 4(a)(5) is governed by the 'excusable neglect' standard for extension requests filed after the 30-day appeal period has expired.