Case No.: 2:10-cv-00857-RLH-GWF.
April 25, 2011
ORDER NUNC PRO TUNC CORRECTION OF ORDER # 138
On April 22, 2011, this Court entered an Order (#138) granting Plaintiff Ronald Lee Allen's motion. The Court is now aware of one inadvertent error in that Order and issues this nunc pro tunc correction order for the limited purpose of making the record reflect what the Court intended to express in the original, see In re Warren, 568 F.3d 1113, 1116 n. 1 (9th Cir. 2009), by changing the word DENIED in the conclusion to GRANTED.
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Before the Court is Plaintiff Ronald Lee Allen's Motion for Extension of Time to File Appeal (#123, filed March 10, 2011). The Court has also considered Defendant NaphCare's Opposition (#131, filed March 22, 2011), and Allen's Reply (#136, filed Apr. 5, 2011).
Federal Rule of Appellate Procedure 4(a)(5) allows a district court to grant a motion to extend time to file an appeal if the moving party (1) moves for the extension within 30 days from the expiration of the deadline to appeal, and (2) shows excusable neglect or good cause. See also 28 U.S.C. § 2107(c). The Court finds that Allen's motion meets both of these requirements and, accordingly, grants the motion. The Court extends Allen's time to file by thirty (30) days from the date of the original deadline, February 20, 2011, thus making Allen's notice of appeal filed on March 10, timely.
Accordingly, and for good cause appearing,
IT IS HEREBY ORDERED that Allen's Motion for Extension of Time (#123) is GRANTED.