Legal Opinion
Elmer Gerard Pratt v. D.J. McCarthy Superintendent
Court of Appeals for the Ninth Circuit
Decided June 29, 1988No. 87-5540PublishedCited by 33 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
The district court granted Pratt’s motion, pursuant to Fed.R.App.P. 4(a), for an extension of time in which to file a notice of appeal. The district court concluded that a misunderstanding among Pratt’s counsel concerning who would file the notice of appeal constituted excusable neglect for purposes of Rule 4(a)(5). Because we conclude that the district court abused its discretion in finding excusable neglect, we dismiss the appeal for lack of jurisdiction.
I
On August 12, 1986, the district court dismissed Pratt’s application for a writ of habeas corpus. On August 15,…
2Cases cited9 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. RobinsonSupreme Court of the United States · 1960
- Alaska Limestone Corp. v. HodelCourt of Appeals for the Ninth Circuit · 1986
- Timothy Malone v. John Avenenti, Warden Robert Corbin, Attorney GeneralCourt of Appeals for the Ninth Circuit · 1988
- Andrew W. Pettibone v. Hoyt C. Cupp, Warden of Oregon State Penitentiary, and James A. Redden, Attorney General of the State of OregonCourt of Appeals for the Ninth Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
- Marx v. Loral Corp.Court of Appeals for the Ninth Circuit · 1996
- Medicare&medicaid Gu 38,961 United States of America v. Prairie Pharmacy, Inc.Court of Appeals for the Ninth Circuit · 1990
- Donald A. Vogelsang v. Patterson Dental Company, a Delaware Corporation, Pda, Inc., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 1990
28 more not listed; retrieve them via the Exa API.