Rose M. Salazar v. San Francisco Bay Area Rapid Transit District

This is an appeal from an order of the district court denying appellant’s motion under Rule 4(a), FRAP, for additional time in which to file a notice of appeal.

FACTS

There is no material dispute in the facts. Appellant filed a Title VII action against the Bay Area Rapid Transit District (BART) alleging job discrimination on the basis of sex and national origin. On January 24, 1975, after trial, judgment was entered against appellant. On March 4th, the district court permitted appellant’s counsel to withdraw as attorney. He later filed an affidavit stating that he had prepared and delivered to appellant for her use a notice of appeal in propria persona. Appellant did not file this notice until March 21, 1975— some fifty-six days after entry of the judgment. The motion to extend the time for filing the notice of appeal for an additional thirty days was not filed until May 1, 1975, some ninety-seven days after entry of judgment.

Although the district court found that the delay in filing the notice was due to economic hardship and that this was a showing of excusable neglect, it held it had no jurisdiction to proceed under Rule 4(a), FRAP, and on May 19, 1975, denied the…