Allen v. Black and Pink

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GENE ALLEN,
Plaintiff,
vs.
BLACK AND PINK and DOMINIQUE
MORGAN, Executive Director of Black
and Pink,
Defendants.
8:20CV361
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Notice of Appeal, Filing No.
50, and a memorandum from the Clerk of the Court requesting a ruling as to
Plaintiff’s authorization to proceed in forma pauperis on appeal, Filing No. 52.
The Notice of Appeal was filed over four years after the Court entered its
judgment in this case.
Federal Rule of Appellate Procedure 4(a)(1)(A) sets forth that a notice of
appeal in a civil case must be filed within 30 days of the entry of judgment.
This requirement is both “mandatory and jurisdictional.” Burgs v. Johnson
Cnty., Iowa, 79 F.3d 701, 702 (8th Cir. 1996). A district court may extend the
time to file a notice of appeal if a party moves for an extension of time and
shows excusable neglect or good cause, provided that the party moves for the
extension of time within 30 days of the expiration of the 30-day period set out
in Rule 4(a)(1)(A). Fed. R. App. P. 4(a)(5)(A)(ii). In addition, if a party files one
of the post-judgment motions listed in Rule (a)(4)(A), the time to file the appeal
runs from the entry of the order disposing of the motion. Fed. R. App. P.
4(a)(4)(A). An untimely notice of appeal cannot serve as a motion for extension
of time to file an appeal. Burgs, 79 F.3d at 702.
8:20-cv-00361-JMG-PRSE Doc # 53 Filed: 02/10/26 Page 1 of 2 - Page ID #
<pageID>

2
Here, the Court entered a final judgment dismissing this case on October
7, 2021. Plaintiff then filed a post-judgment motion for relief from the
judgment pursuant to Fed. R. Civ. P. 60(b) on November 15, 2021, which the
Court denied on November 16, 2021. Plaintiff filed his Notice of Appeal over
four years later on January 29, 2026. Because Plaintiff’s appeal is grossly
untimely, the Court certifies Plaintiff’s appeal is not taken in good faith and
he is not entitled to proceed in forma pauperis on appeal. See 28 U.S.C. §
1915(a)(3) (“An appeal may not be taken in forma pauperis if the trial court
certifies in writing that it is not taken in good faith.”).
IT IS THEREFORE ORDERED that: Plaintiff may not proceed on
appeal in forma pauperis.
Dated this 10th day of February, 2026.
BY THE COURT:
_________________________________
John M. Gerrard
Senior United States District Judge
8:20-cv-00361-JMG-PRSE Doc # 53 Filed: 02/10/26 Page 2 of 2 - Page ID #
<pageID>