Perryman v. Blaisdell et al

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25cv2072-TWR (BLM)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DAVID PERRYMAN,
CDCR #AB-1204,
Plaintiff,
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; DR. BLAISDELL;
JOHN DOE Secretary; JOHN DOE
Warden; HODGES, Chief Medical Officer;
ROBERTS Chief Medical Executive; THE
ENTIRE ADA COMMITTEE,
Defendants.
Case No.: 25cv2072-TWR (BLM)
ORDER GRANTING PLAINTIFF’S
MOTIONS TO CONTINUE
SUBMISSION OF APPEAL
(ECF Nos. 11–12)
Presently before the Court are Plaintiff David Perryman’s Motions to Continue
Submission of Appeal. 	(See ECF Nos. 11–12 (“Motions”).) 	Under Federal Rule of
Appellate Procedure Rule 4(a)(1)(A), “[i]n a civil case, except as provided in Rules
4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the
district clerk within 30 days after entry of the judgment or order appealed from.” However,
under Rule 4(a)(5)(A), “[t]he district court may extend the time to file a notice of appeal
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if: (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a)
expires; and (ii) . . . that party shows excusable neglect or good cause.”
As to timeliness, the Court denied Plaintiff’s Motion for Reconsideration on
November 24, 2025; therefore, under Rule 4(a)(4)(A), the time to file an appeal runs from
November 24, 2025.1 Under Rule 4(a)(1)(A), Plaintiff’s deadline for filing an appeal was
December 24, 2025. 	Plaintiff filed his Motions to Continue Submission of Appeal on
December 11, 2025, and December 22, 2025. (See Motions.) Because Plaintiff filed his
Motions within the time for filing an appeal under Rule 4, his request for a continuance is
timely.
As to good cause, Plaintiff requests a continuance based on the difficulties of filing
an appeal because of his health conditions and status as a prisoner. 	(See ECF No. 11 at
3–4.) 	Good cause appearing, the Court GRANTS Plaintiff’s Motions to Continue
Submission of Appeal. 	Under Rule 4(a)(5)(C), no extension “may exceed 30 days after
the prescribed time or 14 days after the date when the order granting the motion is entered,
whichever is later.” 	Because 30 days after the prescribed time under Rule 4 is later, the
Court extends Plaintiff’s time to submit an appeal to January 23, 2026. If Plaintiff wishes
to proceed with an appeal, he may file a Notice of Appeal,2 with the Clerk’s Office of the
Southern District of California District Court by January 23, 2026.
/ / /
/ / /
/ / /
/ / /
/ / /
1 	Under Rule 4(a)(4)(A), if a party files a motion to alter or amend a judgment under Rule 59, the
time to file an appeal runs from the entry of the order disposing of such motion. “[A] motion requesting
reconsideration of a matter previously decided may be construed as a motion to alter or amend judgment
under Rule 59(e).” Schwartzmiller v. Rodriguez, No. 317CV00538JAHPCL, 2017 WL 5194581, at *1
(S.D. Cal. Nov. 8, 2017).
2 	See https://www.casd.uscourts.gov/assets/pdf/forms/Notice%20of%20Appeal%20Civil.pdf.
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25cv2072-TWR (BLM)
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IT IS SO ORDERED.
Dated: January 5, 2026
~l ·~l4~
Honorable Todd W. Robinson
United States District Judge
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