Dewey v. Haas, 2:16-cv-13573. (2017)
Court: District Court, E.D. Michigan
Number: infdco20171211a49
Visitors: 1
Filed: Dec. 08, 2017
Latest Update: Dec. 08, 2017
Summary: ORDER DENYING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY [Dkt. 13], AND DENYING PETITIONER'S MOTION TO SHOW CAUSE [Dkt. 14] GEORGE CARAM STEEH , District Judge . On June 13, 2017, this Court denied Petitioner's habeas application brought pursuant to 28 U.S.C. 2254. The Court also denied a certificate of appealability and denied permission to appeal in forma pauperis. Before the Court are Petitioner's motion for a certificate of appealability and his motion to show cause, the la
Summary: ORDER DENYING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY [Dkt. 13], AND DENYING PETITIONER'S MOTION TO SHOW CAUSE [Dkt. 14] GEORGE CARAM STEEH , District Judge . On June 13, 2017, this Court denied Petitioner's habeas application brought pursuant to 28 U.S.C. 2254. The Court also denied a certificate of appealability and denied permission to appeal in forma pauperis. Before the Court are Petitioner's motion for a certificate of appealability and his motion to show cause, the lat..
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ORDER DENYING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY [Dkt. 13], AND DENYING PETITIONER'S MOTION TO SHOW CAUSE [Dkt. 14]
GEORGE CARAM STEEH, District Judge.
On June 13, 2017, this Court denied Petitioner's habeas application brought pursuant to 28 U.S.C. § 2254. The Court also denied a certificate of appealability and denied permission to appeal in forma pauperis. Before the Court are Petitioner's motion for a certificate of appealability and his motion to show cause, the later of which seeks to extend the time for filing a notice of appeal.
On September 1, 2017, the same date Petitioner filed the pending motions, Petitioner also filed a notice of appeal. On November 9, 2017, the Sixth Circuit issued an order dismissing Petitioner's appeal as untimely. The Court found:
Federal Rule of Appellate Procedure 26(b) specifically provides that the time for filing a notice of appeal may not be extended except as authorized in Rule 4. We have reviewed the record and find that the exceptions authorized by Rule 4 do not apply in this case. Dewey filed a "Motion to Show Cause" in the district court on September 1, 2017. In that motion, Dewey seeks an extension of time to file a notice of appeal. The deadline for Dewey to seek a Federal Rule of Appellate Procedure 4(a)(5) extension passed on August 14, 2017. See Fed. R. App. P. 4(a)(5)(A)(I).
Dewey v. Hass, No. 17-2059 (6th Cir. Nov. 9, 2017).
In light of the Sixth Circuit's order dismissing Petitioner's appeal as untimely, and in light of its determination that no exceptions to the time-limit for appealing apply to Petitioner's case, Petitioner's pending motions are DENIED.
SO ORDERED.
Source: Leagle
