Sara Camran v. San Diego Youth Services
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
Plaintiff Sara Camran wrote to the Court asking for a new deadline to file an appeal after the Ninth Circuit dismissed her untimely appeal for lack of jurisdiction. The Court denied the request, stating it has no authority to extend the statutory appeal deadline or restart the appeals process.
| What the court decided | The model |
|---|---|
Denial of Plaintiff's request for a new due date to file an appeal“Despite Plaintiff's request, there is no new due date this Court can provide to restart appeals process in connection with the order issued by this Court in July of 2025.” | agree with court The court correctly applied the law. Under 28 U.S.C. § 2107(a) and Federal Rule of Appellate Procedure 4(a), the time to file a notice of appeal is jurisdictional. Once the time has expired and the appellate court has dismissed the appeal for lack of jurisdiction, the district court cannot extend the deadline or revive the appeal. The court's refusal to grant the requested relief is legally sound. |
The order itself: sound — The order correctly identifies the jurisdictional nature of the appeal deadline and cites the appropriate statutes and Ninth Circuit precedent. It accurately notes that the Ninth Circuit has already dismissed the appeal and that the district court lacks the power to extend the deadline or restart the process. The reasoning is direct and legally accurate.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SARA CAMRAN, an individual, Case No.: 23-cv-00491-GPC-VET 12 Plaintiff, ORDER RE: LETTER FROM 13 v. PLAINTIFF 14 SAN DIEGO YOUTH SERVICES, [ECF No. 52] 15 Defendant. 16 17 On June 30, 2026, the Court received a letter from Plaintiff Sara Camran. ECF No. 18 52. In the letter, Plaintiff asks the Court to provide her with a new due date by which to file 19 her appeal to enable her to move forward with the appeals process. Id. The Court is unable 20 to do so. 21 BACKGROUND 22 Plaintiff filed this lawsuit on March 17, 2023. ECF No 1. After an initial 23 unsuccessful settlement conference, ECF No. 15, Plaintiff settled her case with Defendant 24 25 26 27 1 on December 6, 2023. ECF No. 27-1 at 8 ¶¶ 23-24.1 The Court granted the subsequent joint 2 stipulation for dismissal with prejudice. ECF Nos. 19, 20. 3 On September 23, 2024—nine months after the Court dismissed the case—Plaintiff 4 moved for relief from the judgment, alleging that she was coerced into settling. ECF No. 5 25. On November 19, 2024, this Court denied Plaintiff’s motion for relief from judgment. 6 ECF No. 29. 7 On May 6, 2025, Plaintiff moved for reconsideration of the Court’s order denying 8 her motion for relief from judgment. ECF No. 37. On July 24, 2025, the Court denied the 9 motion. ECF No. 43. 10 More than seven months later, on March 11, 2026, the Court received a document 11 titled “Plaintiff’s response to the Judge’s denial for relief without prejudice.” ECF No. 44. 12 In the document, Plaintiff expressed an intention to appeal this Court’s denial of her motion 13 for reconsideration. ECF No. 44, at 2. The Court entered a notice of discrepancy 14 highlighting procedural issues with the document and directing Plaintiff to the public 15 website to find information regarding filing a Notice of Appeal. ECF No. 45. 16 Plaintiff filed her Notice of Appeal on March 24, 2026. ECF No. 46. On May 29, 17 2026, the Ninth Circuit entered a mandate noting that Plaintiff filed her appeal more than 18 thirty days after this Court entered its order denying reconsideration on July 24, 2025. ECF 19 No. 50. Because a timely notice of appeal is a jurisdictional requirement, the Ninth Circuit 20 dismissed the appeal. Id. The judgment took effect June 23, 2026. ECF No. 51. 21 Plaintiff now writes the Court to express that she was never provided with a due date 22 by which to submit an appeal. ECF No. 52. She seeks a new due date so that she can move 23 forward with the appeals process. ECF No. 52. 24 // 25 26 1 Page numbers refer to CM/ECF pagination. 27 1 DISCUSSION 2 A federal litigant must file a notice of appeal within thirty days after the entry of the 3 ||judgment they seek to appeal. This timeframe is outlined in federal statute and in the 4 || Federal Rules of Appellate Procedure. 28 U.S.C. § 2107(a) states that “no appeal shall 5 || bring any judgment . . . before a court of appeals for review unless notice of appeal is filed, 6 || within thirty days after the entry of such judgment.” Federal Rule of Appellate Procedure 7 ||4(a) also requires that a notice of appeal “must be filed with the district clerk within 30 8 after the entry of judgment or order appealed from.” Fed. R. App. P. 4(a). Though 9 || both Rule 4(a) and § 2107 provide for exceptions, none apply here. See United States v. 10 || Sadler, 480 F.3d 932, 937 n.5 (9th Cir. 2007) (explaining the exceptions to the general 11 ||rules and when they apply). 12 When an appeal is untimely, the Court of Appeals lacks jurisdiction to consider the 13 |}matter and must dismiss the appeal. Sadler, 480 F.3d at 937 (“[W]e must dismiss civil 14 || appeals that are untimely for lack of jurisdiction.”). This is what the Ninth Circuit did here. 15 || ECF No. 50. 16 Despite Plaintiff's request, there is no new due date this Court can provide to restart 17 appeals process in connection with the order issued by this Court in July of 2025. Any 18 additional filings that Plaintiff makes in this closed case may be subject to a notice of 19 || discrepancy or stricken from the record. See, e.g., ECF No. 45. 20 IT IS SO ORDERED. 21 Dated: July 31, 2026 2 22 Hon. athe Ck 23 United States District Judge 24 25 26 27 28 23-ev-00491-GPC-VET