UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CHARLES DEXTER INGRAM, 

 Petitioner, Case Number: 15-11074 

v. Honorable David M. Lawson 

JOE BARRETT, 

 

 Respondent. 

________________________________/ 

ORDER GRANTING PLAINTIFF’S MOTION TO EXTEND 

TIME FOR FILING NOTICE OF APPEAL 

 On August 13, 2019, the Court issued an order denying the petitioner’s motion for 

reconsideration of its opinion and judgment denying his petition for a writ of habeas corpus. The 

matter now is before the Court on the petitioner’s motion to extend the time for filing a notice of 

appeal from the judgment. The Court has considered the motion to extend and finds that it was 

filed within the appropriate time and should be granted. 

 The Court issued its judgment denying the petition on July 19, 2019. “In a civil case, 

except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 

must be filed with the district clerk within 30 days after entry of the judgment or order appealed 

from.” Fed. R. App. P. 4(a)(1)(A). However, the time limit under Rule 4(a)(1)(A) is tolled where 

the petitioner has filed one of several types of motions enumerated in Rule 4(a)(4)(A), including a 

motion to alter or amend the judgment under Rule 59. Fed. R. App. P. 4(a)(4)(A)(iv). On July 30, 

2019, the petitioner filed a motion for reconsideration of the judgment denying his petition. 

“Motions for reconsideration of a judgment are construed as motions to alter or amend the 

judgment and are time tolling for the purposes of Rule 4(a)(4).” Moody v. Pepsi-Cola Metro. 

Bottling Co., 915 F.2d 201, 206 (6th Cir. 1990). The petitioner’s motion for reconsideration was 

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timely filed, and thus the time for filing a notice of appeal from the judgment did not begin to run 

until the Court issued its order denying that motion on August 13, 2019. 

 “The district court may extend the time to file a notice of appeal if: (i) a party so moves no 

later than 30 days after the time prescribed by this Rule 4(a) expires; and (ii) regardless of whether 

its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, 

that party shows excusable neglect or good cause.” Fed. R. App. P. 4(a)(5)(A). However, “[n]o 

extension under . . . Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the 

date when the order granting the motion is entered, whichever is later.” Fed. R. App. P. 4(a)(5)(C). 

The petitioner’s motion to extend the time to appeal effectively was filed on September 9, 2019, 

which was the date when he signed and dated his motion. United States v. Smotherman, 838 F.3d 

736, 737 (6th Cir. 2016) (noting that under the “prison mailbox rule” papers submitted to the Court 

by a prisoner proceeding without counsel are “deemed ‘filed at the time [prisoner] delivered [them] 

to the prison authorities for forwarding to the court clerk.’” (quoting Houston v. Lack, 487 U.S. 

266, 276 (1988)). The motion to extend was presented within the 30-day initial window for filing 

an appeal, and it therefore was timely under Rule 4(a)(5)(A). The motion does not specify the 

grounds on which the extension is sought, but the Court will presume that the petitioner desires 

additional time to consider the rulings of the Court and formulate grounds for an appeal, and the 

Court therefore finds that the petitioner has shown good cause for the requested extension. The 

time will be extended to the maximum extent permitted, which is 30 days beyond the initial 

deadline under Rule 4(a)(1). Fed. R. App. P. 4(a)(5)(C). 

 However, the Court advises the petitioner that, because the maximum extension permitted 

by law has been granted, no further extension of the appeal deadline will be allowed. 

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 Accordingly, it is ORDERED that the petitioner’s motion to extend the time for filing a 

notice of appeal (ECF No. 25) is GRANTED. 

 It is further ORDERED that if the petitioner wants to file a notice of appeal of the judgment 

denying his petition, then he must do so on or before October 14, 2019. No further extensions 

of the deadline for filing a notice of appeal will be granted.

 s/David M. Lawson 

 DAVID M. LAWSON 

 United States District Judge 

Date: September 23, 2019 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was 

served upon each attorney or party of record herein by 

electronic means or first-class U.S. mail on September 23, 

2019. 

 s/Susan K. Pinkowski 

 SUSAN K. PINKOWSKI 

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