Thursday, January 12, 2006 3:05:05 PM
Below is the text from the PACER file #51 from the SDNY case. Perhaps olddog can check out the Federal Rules of Appelate procedure, or maybe some of our attornies can chime in.
Dear Litigant,
Enclosed is a copy of the judgment entered in your case.
Your attention is directed to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, which requires
that if you wish to appeal the judgment in your case, you must file a notice of appeal within 30 days of the
date of entry of the judgment (60 days if the United States or an officer or agency of the United States is a
party).
If you wish to appeal the judgment but for any reason you are unable to file your notice of appeal
within the required time, you may make a motion for an extension of time in accordance with the provision
of Fed. R. App. P. 4(a)(5). That rule requires you to show “excusable neglect” or “good cause” for your
failure to file your notice of appeal within the time allowed. Any such motion must first be served upon the
other parties and then filed with the Pro Se Office no later than 60 days from the date of entry of the judgment
(90 days if the United States or an officer or agency of the United States is a party).
The enclosed Forms 1, 2 and 3 cover some common situations, and you may choose to use one of
them if appropriate to your circumstances.
The Filing fee for a notice of appeal is $5.00 and the appellate docketing fee is $250.00 payable to
the “Clerk of the Court, USDC, SDNY” by certified check, money order or cash. No personal checks are
accepted.
J. Michael McMahon, Clerk of Court
by:
, Deputy Clerk
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