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MATTHEWS v. U.S., 3:12-CV-00692-NJR. (2015)

Court: District Court, S.D. Illinois Number: infdco20151105c42 Visitors: 14
Filed: Nov. 04, 2015
Latest Update: Nov. 04, 2015
Summary: MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . If Petitioner wishes to appeal this denial of her 2255, she may file a notice of appeal with this court within 60 days after the date the order was entered. FED. R. APP. P. 4(a)(1)(B). The Court may extend the time to file a notice of appeal, but only if "a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and . . . that party shows excusable neglect or good cause." FED. R. APP. P. 4(a)(5)
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MEMORANDUM AND ORDER

If Petitioner wishes to appeal this denial of her 2255, she may file a notice of appeal with this court within 60 days after the date the order was entered. FED. R. APP. P. 4(a)(1)(B). The Court may extend the time to file a notice of appeal, but only if "a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and . . . that party shows excusable neglect or good cause." FED. R. APP. P. 4(a)(5).

A motion for leave to appeal in forma pauperis should set forth issues Petitioner plans to present on appeal. See FED. R. APP. P. 34(a)(1)(C). If Petitioner does choose to appeal, and is allowed to proceed in forma pauperis, she will be liable for a portion of the $505.00 appellate filing fee (the amount to be determined based on her prison trust fund account records for the past six months) irrespective of the outcome of the appeal. See FED. R. APP. P. 34; 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

Petitioner is further advised that a motion filed pursuant to FEDERAL RULE OF CIVIL PROCEDURE 59(e) must be filed no later than 28 days after the entry of the judgment — a deadline that cannot be extended. A proper and timely Rule 59(e) motion may toll the 60-day appeal deadline, but a motion for relief from a final judgment, order, or proceeding does not toll the deadline for an appeal.

Petitioner cannot take an appeal unless a circuit justice or judge issues a certificate of appealability under 28 U.S.C. § 2253(c). Here, the undersigned District Judge has already declined to issue a certificate of appealability. Thus, Petitioner must seek a certificate of appealability from the Court of Appeals under FEDERAL RULE OF APPELLATE PROCEDURE 22.

IT IS SO ORDERED.

Source:  Leagle

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