Legal Question in Personal Injury in California
Timely filing for appeal
How much time do you have to appeal a dismissed civil law suit that was deemed ''frivolous'' by a federal Magistrate Judge.
2 Answers from Attorneys
Re: Timely filing for appeal
The deadline for filing a notice of appeal in federal court is typically 30 days after entry of judgment on the district court's docket (which is often not the same day the judgment is filed).
Where the federal government is a party the deadline is 60 days after instead of 30. Determining whether the 60-day period applies is often quite difficult, and filing within 30 days is a good way to guard against such an error.
Different deadlines -- sometimes less than 30 days -- apply in some situations.
Without more information I can't say whether your dismissal is an appealable order.
Re: Timely filing for appeal
Your lawyer will be able to tell you this. If you are trying to pursue a lawsuit in federal court without a lawyer, maybe you need to listen to what the magistrate is trying to tell you, and get competent legal advice before proceeding further. There's no point in filing a frivolous appeal. I would be pleased to look at the online court docket if you want.
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