United States District Court, N.D. Iowa, Central Division
Williams Chief United States Magistrate Judge Northern
District of Iowa
the Court is plaintiff's Motion for Extension of Time to
File Amended Notice of Appeal. (Doc. 77). Plaintiff requests
“that the Court extend the time to file notice of
appeal in this matter to allow Plaintiff to file an amended
notice of appeal pursuant to Federal Rule of Appellate
Procedure 4(a)(5)(A), or to allow amendment of the notice of
appeal by operation of Federal Rules of Civil Procedure
60(b)(1) or 60(b)(6).” (Doc. 77, at 1). This same
motion was previously before this Court; however, the Court
denied plaintiff's motion for lack of jurisdiction.
FACTUAL AND PROCEDURAL HISTORY
Court adopts its previous factual and procedural findings as
set forth below:
sued two groups of defendants. Plaintiff alleged a group of
Mason City Police Officers (City Defendants) used excessive
force when arresting her. Plaintiff also alleged a group of
Cerro Gordo County Sheriff's Office employees (County
Defendants) failed to provide her with timely medical care
for injuries the City Defendants allegedly inflicted.
Plaintiff brought both claims pursuant to Title 28, United
States Code, Section 1983, and also alleged various state law
causes of action.
procedural history in this matter is as follows.
October 2, 2015, the County Defendants moved for summary
judgment. Doc. 37.
January 28, 2016, the court granted the County
Defendants' summary judgment motion. Doc. 46.
February 1, 2016, the City Defendants moved for summary
judgment. Doc. 47.
February 24, 2016, plaintiff prematurely filed a motion under
Federal Rule of Civil Procedure 59(e) to alter or amend the
judgment. Doc. 51. The court treated this motion as a motion
to reconsider its order granting the County Defendants'
summary judgment motion, and denied it. Doc. 60.
April 27, 2016, plaintiff prematurely filed a notice of
appeal to the Eighth Circuit Court of Appeals (Doc. 63),
seeking to appeal the court's order granting the County
Defendants' motion for summary judgment as well as on the
court's order denying plaintiff's Rule 59(e) motion.
10, 2016, the court granted City Defendants' motion for
summary judgment. Doc. 68.
16, 2016, the court entered judgment against plaintiff,
citing the court's orders filed on
“1/28/2016” and “5/10/2016.” Doc. 69.
23, 2016, plaintiff timely filed a notice of appeal to the
Eighth Circuit Court of Appeals on the court's order
granting the City ...