[Download] "Gibson v. Secretary of Health" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Gibson v. Secretary of Health
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 30, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Before: KEITH, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BERTELSMAN* Order This is an appeal from a district court order refusing to grant Appellant Arnold Gibson permission to file his Notice of Appeal out of time. On May 21, 1979, the district court upheld a decision of the Secretary of the Department of Health, Education and Welfare denying appellant's application for social security disability benefits. The statutory time in which a notice of appeal must be filed is thirty days. Appellant filed his notice on July 27, 1979; thus, the notice was filed seven days late. Jurisdiction was denied by this court because of the untimely filing and the appeal dismissed without prejudice to the appellant to seek an extension of time to file pursuant to Fed. R. Civ. Proc. 4(a). That rule empowers the district court to extend the time for filing the Notice of Appeal by any party, for a period not to exceed 30 days from the time the expiration of the time otherwise in effect. The extension is granted by the district court if there is ""excusable neglect"" for the failure to timely file. Reed v. People of State of Michigan, 398 F.2d 800 (6th Cir. 1968); Stirling v. Chemical Bank, 511 F.2d 1030 (2d Cir. 1975).

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