Cleek Aviation v. United States

OPINION

MARGOLIS, Judge.

This case is before the court on the plaintiff’s Motion to Extend the Time for Filing Notice of Appeal, under Rule 4(a)(5) of the Federal Rules of Appellate Procedure. Plaintiff’s notice of appeal reached this court 10 days after the deadline for filing such notice. Plaintiff argues that the circumstances surrounding the delay constitute excusable neglect within the meaning of Rule 4(a)(5), and therefore this court should grant an extension of time for filing the notice of appeal. Defendant argues that the delay is the result of a clerical error which does not…