No. 23-711

James P. Ryan v. Carlo DeMaria, Jr., Mayor of the City of Everett, Massachusetts, et al.

Lower Court: First Circuit
Docketed: 2024-01-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appeal-jurisdiction civil-procedure excusable-neglect federal-court-procedure federal-jurisdiction good-cause notice-of-appeal pro-se-motion statutory-interpretation time-limitation time-limits
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-06-20 (distributed 2 times)
Question Presented (AI Summary)

Whether a federal court is deprived of jurisdiction when a notice of appeal is filed beyond the 30 days in the first provision of § 2107 but meets the criteria for the second provision, extending that to 180 days

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Federal law provides two options to file a late notice of appeal in a civil case: (1) “upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, ... upon a showing of excusable neglect or good cause,” or (2) “upon motion filed within 180 days after entry of the judgment or order or within 14 days after receipt of such notice,” if the party did not receive notice of judgment and no party would be prejudiced. 28 U.S.C. § 2107(c). Mr. Ryan filed his pro se motion for leave to file a late notice of appeal, with an affidavit stating that he did not receive the judgment, which the district court construed as a motion invoking these two provisions. After this motion was denied, the First Circuit Court of Appeals dismissed his appeal, stating that it lacked jurisdiction to hear the appeal because the notice was not filed within 30 days of the first provision under the law. The question presented is as follows: 1. Whether a federal court is deprived of jurisdiction when a notice of appeal is filed beyond the 30 days in the first provision of § 2107 but meets the criteria for the second provision, extending that to 180 days. so . '

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-20
2024-03-18
Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2024, for all respondents.
2024-03-15
Motion to extend the time to file a response from March 28, 2024 to May 27, 2024, submitted to The Clerk.
2024-02-27
Response Requested. (Due March 28, 2024)
2024-02-14
DISTRIBUTED for Conference of 3/1/2024.
2024-01-29
Waiver of right of respondent Debra J. Breton to respond filed.
2024-01-25
Waiver of right of respondent Michael P. Utke to respond filed.
2024-01-24
Waiver of right of respondent Shiva Karimi, Esq. to respond filed.
2024-01-23
Waiver of right of respondent Jamie Russo to respond filed.
2024-01-18
Waiver of right of respondent Jonathan Mark Silverstein, et al. to respond filed.
2024-01-18
Waiver of right of respondent Matthew Berge, et al. to respond filed.
2024-01-18
Waiver of right of respondent Ruth Bourquin to respond filed.
2023-10-26

Attorneys

Carlo DeMaria, Jr., et al.
Frederick E. Connelly Jr.Peabody & Arnold LLP, Respondent
Frederick E. Connelly Jr.Peabody & Arnold LLP, Respondent
Debra J. Breton
Katherine L. KenneyPeabody & Arnold, LLP, Respondent
Katherine L. KenneyPeabody & Arnold, LLP, Respondent
James P. Ryan
James P. Ryan — Petitioner
James P. Ryan — Petitioner
Jamie Russo
Joseph J. Brodigan Jr.Brodigan & Gardiner LLP, Respondent
Joseph J. Brodigan Jr.Brodigan & Gardiner LLP, Respondent
Jonathan Mark Silverstein, et al.
Devan C. BraunKP Law, P.C., Respondent
Devan C. BraunKP Law, P.C., Respondent
Matthew Berge et al.
Katherine Brady DirksOffice of the Attorney General of Massachusetts, Respondent
Katherine Brady DirksOffice of the Attorney General of Massachusetts, Respondent
Michael P. Utke
Michael J. RossiConn Kavanaugh Rosenthal Peisch & Ford, LLP, Respondent
Michael J. RossiConn Kavanaugh Rosenthal Peisch & Ford, LLP, Respondent
Ruth Bourquin
Justin D. HellerGoulston & Storrs, PC, Respondent
Justin D. HellerGoulston & Storrs, PC, Respondent
Shiva Karimi, Esq.
Joseph A. FosterMcLane Middleton, Professional Association, Respondent
Joseph A. FosterMcLane Middleton, Professional Association, Respondent