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United States v. Smith

January 17, 2006

UNITED STATES OF AMERICA
v.
TRINA SMITH



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 17th day of January, 2006, the order of court dated December 7, 2005 (Doc. 63), directing defendant to file a response by January 6, 2006 setting forth the reasons for her belated filing of the notice of appeal, see FED. R. APP. P. 4(b)(4) ("Upon a finding of excusable neglect or good cause, the district court may . . . extend the time to file a notice of appeal . . . ."); see also In re Diet Drugs Prods. Liab. Litig., 401 F.3d 143, 153-54 (3d Cir. 2005) (discussing the factors to be weighed in determining excusable neglect); United States v. Scheiner, 873 F. Supp. 927, 932 (E.D. Pa. 1995) (same), and it appearing that a response has not been filed as of the date of this order, it is hereby ORDERED that:

1. Defendant shall file, on or before February 6, 2006, a response setting forth the reasons for her belated filing of the notice of appeal.

2. Failure to file such a response shall result in the court finding no excusable neglect for her belated filing of the notice of appeal. See FED. R. APP. P. 4(b)(4).

CHRISTOPHER C. CONNER United States District Judge

20060117

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