Theranos founder Elizabeth Holmes isn't going to prison Thursday after all

• Theranos founder Elizabeth Holmes has gotten out of reporting to prison Thursday to begin her 11-year sentence.
• Holmes is appealing a judge's denial of her request to remain free while fighting her conviction.
• Her ex-boyfriend and co-defendant used the same maneuver to buy an extra month before reporting to prison.

Elizabeth Holmes has managed to buy herself more time as a free woman before reporting to prison.

The Theranos founder was set to report to prison Thursday to begin serving an 11-year sentence after she was convicted last year on four counts of fraud and conspiracy. A last-minute filing Wednesday, however, will allow her to remain out of prison a bit longer.

Two weeks ago, a judge denied Holmes' request to remain out of prison while she appeals her conviction, ordering her to report to prison as scheduled Thursday. Holmes is now appealing the judge's decision.

According to rules in the Ninth US Circuit Court of Appeals: "If the appellant is on bail at the time the motion is filed in this Court, that bail will remain in effect until the Court rules on the motion." Since Holmes was on bail when the motion was filed, her prison reporting date has been automatically stayed.

In Wednesday's filing, Holmes' attorneys claimed the judge's denial of her request "reflects numerous, inexplicable errors," including the fact that the court referred to Holmes' "patient fraud convictions" even though she was acquitted on those charges. They go on to say the court "used the wrong legal standard to assess whether key issues presented were likely to result in reversal."

Ramesh "Sunny" Balwani — who is Holmes' ex-boyfriend and co-defendant, as well as Theranos' former president and COO — used the same appeal tactic to delay his own prison reporting date by about a month. He ultimately reported to prison last week to begin serving his 13-year sentence.

Holmes' legal team also submitted a filing last week asking the judge to grant her a new trial or reduce her prison sentence, writing that she was unfairly barred from submitting "compelling evidence" that would have aided her defense.