Narrative Opinion Summary
Dontez Lamont Simuel appeals the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action, with the judgment entered on April 5, 2006. Simuel’s notice of appeal, received by the district court on May 19, 2006, was filed after the 30-day appeal window. He claims to have mailed the notice within the time limit, but it was returned as “address unknown.” His accompanying declaration, submitted within thirty days post-expiration, is interpreted as a motion for an extension of time under Federal Rule of Appellate Procedure 4(a)(5). The court remands the case to the district court to determine if Simuel meets the requirements for an extension of the appeal period. The record will be returned for further consideration after this determination.
Legal Issues Addressed
Appeal Timeliness under Federal Rule of Appellate Procedure 4(a)(1)subscribe to see similar legal issues
Application: The appellant's notice of appeal was filed after the 30-day appeal period, which is a requirement for timely appeals.
Reasoning: Simuel’s notice of appeal, received by the district court on May 19, 2006, was filed after the 30-day appeal window.
Extension of Time to File an Appeal under Federal Rule of Appellate Procedure 4(a)(5)subscribe to see similar legal issues
Application: The appellant's declaration was treated as a motion for an extension of time due to circumstances surrounding the mailing of the notice of appeal.
Reasoning: His accompanying declaration, submitted within thirty days post-expiration, is interpreted as a motion for an extension of time under Federal Rule of Appellate Procedure 4(a)(5).
Remand for Determination of Extension Eligibilitysubscribe to see similar legal issues
Application: The case was remanded to the district court to assess whether the appellant qualifies for an extension of the appeal period.
Reasoning: The court remands the case to the district court to determine if Simuel meets the requirements for an extension of the appeal period.