1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DAVID PERRYMAN, Case No.: 25cv2072-TWR (BLM)

CDCR #AB-1204,

12

ORDER GRANTING PLAINTIFF’S

Plaintiff, 13 MOTIONS TO CONTINUE vs. SUBMISSION OF APPEAL 14

15 (ECF Nos. 11–12)

CALIFORNIA DEPARTMENT OF

16

CORRECTIONS AND

17 REHABILITATION; DR. BLAISDELL; JOHN DOE Secretary; JOHN DOE 18 Warden; HODGES, Chief Medical Officer; 19 ROBERTS Chief Medical Executive; THE

ENTIRE ADA COMMITTEE,

20 Defendants. 21 22 23 Presently before the Court are Plaintiff David Perryman’s Motions to Continue 24 Submission of Appeal. (See ECF Nos. 11–12 (“Motions”).) Under Federal Rule of 25 Appellate Procedure Rule 4(a)(1)(A), “[i]n a civil case, except as provided in Rules 26 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the 27 district clerk within 30 days after entry of the judgment or order appealed from.” However, 28 under Rule 4(a)(5)(A), “[t]he district court may extend the time to file a notice of appeal 1 if: (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) 2 expires; and (ii) . . . that party shows excusable neglect or good cause.” 3 As to timeliness, the Court denied Plaintiff’s Motion for Reconsideration on 4 November 24, 2025; therefore, under Rule 4(a)(4)(A), the time to file an appeal runs from 5 November 24, 2025.1 Under Rule 4(a)(1)(A), Plaintiff’s deadline for filing an appeal was 6 December 24, 2025. Plaintiff filed his Motions to Continue Submission of Appeal on 7 December 11, 2025, and December 22, 2025. (See Motions.) Because Plaintiff filed his 8 Motions within the time for filing an appeal under Rule 4, his request for a continuance is 9 timely. 10 As to good cause, Plaintiff requests a continuance based on the difficulties of filing 11 an appeal because of his health conditions and status as a prisoner. (See ECF No. 11 at 12 3–4.) Good cause appearing, the Court GRANTS Plaintiff’s Motions to Continue 13 Submission of Appeal. Under Rule 4(a)(5)(C), no extension “may exceed 30 days after 14 the prescribed time or 14 days after the date when the order granting the motion is entered, 15 whichever is later.” Because 30 days after the prescribed time under Rule 4 is later, the 16 Court extends Plaintiff’s time to submit an appeal to January 23, 2026. If Plaintiff wishes 17 to proceed with an appeal, he may file a Notice of Appeal,2 with the Clerk’s Office of the 18 Southern District of California District Court by January 23, 2026. 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24

25 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 26 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 27 (S.D. Cal. Nov. 8, 2017).

28

I IT IS SO ORDERED.

2 Dated: January 5, 2026 —_——

4 Honorable Todd W. Robinson 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ee