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

Case 1:03-cv-02427-EWN-BNB

Document 19

Filed 02/27/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 03­ 02427­ cv­ EWN­ BNB

LARRY HINTON, Applicant, v. ZENON, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

ORDER ACCEPTING MAGISTRATE JUDGE' RECOMMENDATION S

This matter comes before the court on Mr. Hinton' motion to extend the time for filing of s his notice of appeal (#18). He requests that the time be extended until March 3, 2007. The court is a little puzzled by the request. The judgment was entered on February 8, 2007. Rule 4(a) of the Federal Rules of Appellate Procedure says, "In a civil case, . . . the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered." It would therefore appear that Mr. Hinton' notice of appeal would not be due s until March 12, 2007. In any event, the court finds that Mr. Hinton has stated "good cause" for an extension of time. The motion is GRANTED. Mr. Hinton may transmit his notice of appeal by March 3, as requested, or he may transmit it by March 12, as the rule seems to permit.

Case 1:03-cv-02427-EWN-BNB

Document 19

Filed 02/27/2007

Page 2 of 2

DATED this 27th day of February, 2007

BY THE COURT:

s/ Edward W. Nottingham EDWARD W. NOTTINGHAM United States District Judge

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