Lincoln v. Sullivan

Northern District of California, cand-4:2015-cv-02686

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING {{34}} MOTION TO REOPEN TIME TO FILE NOTICE OF APPEAL.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRANCE RAY LINCOLN, Case No. 15-cv-02686-HSG (PR) Petitioner, 8 ORDER GRANTING MOTION TO v. REOPEN TIME TO FILE NOTICE OF 9 APPEAL 10 WILLIAM SULLIVAN, Warden, Re: Dkt. No. 34 Respondent. 11 12 Northern District of California United States District Court 13 Good cause appearing, and in the interests of justice, petitioner's renewed motion to 14 reopen the time for appeal is GRANTED. It appears that, due to petitioner's change of address, he 15 did not receive timely notice of the judgment from which he seeks to appeal. See Fed. R. App. P. 16 4(a)(6)(A). Further, he filed his first motion to reopen time for appeal within 180 days after 17 judgment was entered. See Fed. R. App. P. 4(a)(6)(B). Finally, the Court finds that no party 18 would be prejudiced by the extension. See Fed. R. App. P. 4(a)(6)(C). 19 Petitioner must file a new notice of appeal within fourteen (14) days of the date this order 20 is entered. See Fed. R. App. P. 4(a)(6). 21 The Clerk shall send a copy of this order to the Ninth Circuit Court of Appeals. 22 This order terminates Dkt. No. 34. 23 IT IS SO ORDERED. 24 Dated: 1/26/2018 25 26 HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28