Harper v. Guthrie
695 F. App'x 416
| 10th Cir. | 2017Background
- Plaintiff Robert J. Harper, a pro se Wyoming state inmate, sued state officials under 42 U.S.C. § 1983; the district court dismissed the complaint on October 20, 2015.
- Under Fed. R. App. P. 4(a)(1)(A) Harper had 30 days to file a notice of appeal; his notice was filed late on November 25, 2015.
- Harper moved in district court for an extension of time to file his notice of appeal; the district court initially denied the motion as moot.
- This court vacated and remanded for the district court to decide the extension motion on the merits; on remand the district court found Harper failed to show excusable neglect or good cause and denied relief.
- Harper argued his delay was caused by lack of access to a notary, limited legal materials/services, unfamiliarity with deadlines, and lack of guidance from the district court; the district court and this panel rejected those reasons as insufficient.
- The Tenth Circuit affirmed the denial of an extension, granted in forma pauperis status for appeal, and reminded Harper of partial-payment obligations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an extension of time to file a notice of appeal should be granted under Fed. R. App. P. 4(a)(5) | Harper: delay was caused by unavailable notary, lack of legal resources, unfamiliarity with appellate rules, and lack of court guidance | Respondent: Harper conceded the filing was untimely and that the cited reasons did not amount to excusable neglect or good cause | Denied: district court did not abuse discretion; reasons did not show excusable neglect or good cause |
| Whether pro se status excuses compliance with appellate rules | Harper: his pro se status and unfamiliarity with law justify leniency | Respondent: pro se litigants must follow same procedural rules as others | Held: pro se status does not relieve compliance obligations; district court acted within discretion |
Key Cases Cited
- Bishop v. Corsentino, 371 F.3d 1203 (10th Cir. 2004) (standard for excusable neglect and factors to consider)
- Green v. Dorrell, 969 F.2d 915 (10th Cir. 1992) (pro se litigants are afforded liberal construction but must follow procedural rules)
Entered for the Court Paul J. Kelly, Jr., Circuit Judge