Order of Court, First Circuit No. 24-1995 — United States v. Nathan Reardon (D. Me., Dkt. 223)
Summary
Order of Court of the United States Court of Appeals for the First Circuit, entered November 20, 2024 and filed November 26, 2024 as Document 223, Case 1:21-cr-00061-LEW, United States v. Nathan Reardon. It states that the notice of appeal filed October 28, 2024 seeking to appeal the order entered October 2, 2024 appears late, but was filed within the thirty days following the fourteen-day period. It states that the district court may enlarge the time for filing upon a showing of excusable neglect or good cause. The First Circuit transmits the notice of appeal to the district court for a ruling whether to enlarge the time. It is by the Court: Anastasia Dubrovsky, Clerk.
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“Order of Court, First Circuit No. 24-1995 — United States v. Nathan Reardon (D. Me., Dkt. 223).”
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Case 1:21-cr-00061-LEW Document 223 Filed 11/26/24 Page 1 of 1 PageID #: 1436
United States Court of Appeals
For the First Circuit
___________________________
No. 24-1995
UNITED STATES,
Appellee,
v.
NATHAN REARDON,
Defendant - Appellant.
___________________________
ORDER OF COURT
Entered: November 20, 2024
Pursuant to 1st Cir. R. 27.0(d)
Upon review of the record in this case, it appears that the notice of appeal, filed on October
28, 2024 in No.1:21-cr-00061-LEW-1 (D. Me.) seeking to appeal the order entered on October 2,
2024, is late. See Fed. R. App. P. 4(b) (notice of appeal in criminal case must be filed within
fourteen days of judgment or order appealed from). The notice of appeal, however, was filed
within the thirty days immediately following that fourteen-day period. See Fed. R. App. P. 4(b).
The district court, upon a showing of excusable neglect or good cause, may enlarge the time for
filing a notice of appeal filed within that thirty-day period. Accordingly, we transmit the notice
of appeal to the district court for a ruling whether the district court will enlarge the time for filing
an appeal and will consider this notice of appeal timely filed. See United States v. Batista, 22 F.3d
492 (2nd Cir. 1994) (treating late notice of appeal in a criminal case as a request to extend the time
to appeal). Copies of the district court's decision shall be forwarded to this court forthwith.
By the Court:
Anastasia Dubrovsky, Clerk
cc:
Nathan Reardon
Joel B. Casey
Andrew Kenney Lizotte
Chris Ruge
Lindsay Feinberg
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