Jay A. Ochanpaugh v. Penny Albright

Jay and Caralee Ochanpaugh (plaintiffs) appeal from the district court’s 1 dismissal of their civil action and the court’s denial of their postjudgment motions to strike, which were filed more than ten days after the entry of judgment.

Plaintiffs’ notice of appeal was untimely because it was not filed within sixty days after the district court entered its judgment, as required under Federal Rule of Appellate Procedure 4(a)(1)(B); plaintiffs did not move for an extension of time to appeal, pursuant to Federal Rule of Appellate Procedure 4(a)(5), see Fed. R.App. P. 26(b)(1) (court may not extend…