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· 6/29/1988

Elmer Gerard Pratt v. D.J. McCarthy Superintendent

Citations

  • 850 F.2d 590
  • 14 Fed. R. Serv. 3d 1044
  • 1988 U.S. App. LEXIS 8866
  • 1988 WL 65918

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court abused its discretion in finding that a miscommunication between counsel regarding the filing of the notice of appeal constituted excusable neglect to enlarge an appeal deadline
  • stating that “[t]o find excusable neglect on these facts would be to run roughshod over our existing precedent and the purpose of Rule 4(a)”
  • strict standard 14 required both a showing of extraordinary circumstances that 15 prevented timely filing and injustice resulting from denying an 16 extension of time

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Beezer, Leavy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.