UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

KATHLEEN HEAROD,

Plaintiff,

vs.

FIFTH THIRD BANK,

Defendant.

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Case No. 1:17-cv-175

Judge Timothy S. Black

ORDER GRANTING 

PLAINTIFF’S MOTION FOR EXTENSION OF TIME

This case is before the Court on Plaintiff’s pro se motion for an extension of time 

to file a notice of appeal. (Doc. 86). 

On March 31, 2022, this Court entered an Order adopting the Report and 

Recommendations of the United States Magistrate Judge (Doc. 75), granting Defendant’s 

motion for summary judgment (Doc. 61), and terminating this civil case. (Doc. 84). The 

Clerk’s Judgment issued that same day. (Doc. 85). Pursuant to Fed. R. App. P. 

4(a)(1)(A), a “notice of appeal must be filed with the district clerk within 30 days after 

entry of the judgment or order appealed from.” Accordingly, any party intending to 

appeal the Court’s March 31, 2022 Order and Judgment was required to file a notice of 

appeal no later than Monday, May 2, 2022 (as the 30th day—April 30, 2022—fell on a 

Saturday). 

On May 23, 2022, i.e., 21-days after the notice of appeal deadline, Plaintiff moved 

for an extension of time to appeal, explaining that, since February 2021, she has suffered

from Traumatic Brain Injury, and that her medical condition precludes her from

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“complet[ing] tasks at maximum efficiency and within certain time frames.” (Doc. 86). 

Accordingly, Plaintiff moves for an extension of time to appeal, pursuant to Fed. R. App. 

P. 4(a)(5). (Id.)

“The district court may extend the time to file a notice of appeal if ... a party so 

moves no later than 30 days after the time prescribed by this Rule 4(a) expires,” so long 

as the extension does not exceed 14 days from the date the Court grants any such 

extension. Fed. R. App. P. 4(a)(5)(A), (C).1

Here, the Court notes that Plaintiff has a history of dilatory filing practices and 

repeated requests for extensions of time, which history pre-dates Plaintiff’s cited medical 

condition. The Court further notes that, in its Order adopting the Report and 

Recommendation, the Court certified that an appeal of its Order would not be taken in 

good faith (though such finding does not preclude Plaintiff from appealing). (Doc. 84). 

Finally, it bears noting that the notice of appeal is a fairly brief document, requiring only

identification of the parties, designation of the judgment from which appeal is taken, and 

the name of the court to which the appeal is taken. Fed. R. App. P. 3(c).

2

 

Nevertheless, in the interest of accommodating pro se Plaintiff, the Court hereby 

GRANTS Plaintiff’s motion for an extension of time to file a notice of appeal. (Doc. 

1

In support of her requested extension of time, Plaintiff also filed a motion seeking leave to file

her medical documentation under seal. (Doc. 87). However, because Plaintiff’s motion for an 

extension of time was filed less than 30 days after the notice of appeal deadline expired, no 

further showing of “excusable neglect or good cause” is necessary. See Fed. R. App. P. 

4(a)(5)(A). Accordingly, the Court DENIES as moot Plaintiff’s motion to submit supporting 

medical documentation under seal. (Doc. 87).

2 A single-page, fillable notice of appeal form can be found on the Court’s website: 

https://www.ohsd.uscourts.gov/ohio-southern-district-forms

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86). Specifically, Plaintiff may file a notice of appeal, no later than 14 days from the 

date of this Order.

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IT IS SO ORDERED.

Date: 

Timothy S. Black

United States District Judge

3 The Court’s decision to grant Plaintiff an extension of time has no impact on the Court’s prior 

denial of leave to appeal in forma pauperis. (Doc. 84 at 11). Thus, the Court maintains its prior 

28 U.S.C. § 1915(a)(3) certification. (Id.)

7/25/2022 s/Timothy S. Black

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