Dykes 201541 v. Brown, 2:24-cv-00017

Plaintiff, Robert L. Dykes, a state prisoner, moved for an extension of time to file a notice of appeal after his civil case was dismissed.
The notice of appeal was due by April 2, 2025, but Dykes’s notice was postmarked April 17 and received by the court April 29, 2025.
Dykes claimed he placed the notice in prison mail on April 2 but mistakenly addressed it to the wrong court (the Eastern District of Michigan), leading to the delay after it was returned.
The Sixth Circuit remanded the matter to determine if an extension for filing the appeal was appropriate under excusable neglect or good cause.
Dykes is an experienced pro se litigant with multiple prior cases and demonstrated familiarity with court procedures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Extension for late appeal	Mistake in sending to wrong court; asks for forgiveness	Delay prejudices defendants; Dykes made mistake and is experienced; no good reason for delay	Extension denied; no excusable neglect

Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380 (U.S. 1993) (sets excusable neglect standard; courts must weigh factors including reason for delay and prejudice)
Nicholson v. City of Warren, 467 F.3d 525 (6th Cir. 2006) (mistakes or ignorance of rules do not usually constitute excusable neglect)
Marsh v. Richardson, 873 F.2d 129 (6th Cir. 1989) (excusable neglect is not mere inadvertence or mistake)