Joseph Ladeairous v. Merrick Garland, No. 21-5119 (D.C. Cir. 2022)Annotate this Case
Plaintiff believes that officials in the Department of Justice (and elsewhere) have persecuted him for supporting the Irish republican cause. So he sued the United States Attorney General and the Department of Justice Inspector General. On February 24, 2021, the district court dismissed his suit. At least seventy-five days later, Plaintiff filed a notice of appeal in the district court. This Court noted that Plaintiff had filed his notice of appeal after the sixty-day deadline imposed by Congress in 28 U.S.C. Section 2107(b).
On appeal, the DC Circuit was tasked with deciding whether Plaintiff’s response to the court’s show-cause order can be combined with his notice of appeal in the district court to serve as a substitute for a motion to extend or reopen the time to file a notice of appeal. The DC Circuit affirmed the dismissal holding that his appeal was untimely. The court explained that Plaintiff’s response to the court’s show-cause order was nothing more than a request to the court for an equitable exemption from the jurisdictional deadline. Accordingly, the court wrote it has no power to grant that equitable relief.