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Ira Leon v. State of Nebraska, 16-3538 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-3538 Visitors: 8
Filed: May 19, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-3538 _ Ira R. Leon lllllllllllllllllllllPetitioner - Appellant v. State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections lllllllllllllllllllllRespondents - Appellees _ No. 16-3826 _ Ira R. Leon lllllllllllllllllllllPetitioner - Appellant v. State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections lllllllllllllllllllllRespondents - Appellees _ Appeals from United States District
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 16-3538
                        ___________________________

                                     Ira R. Leon

                       lllllllllllllllllllllPetitioner - Appellant

                                           v.

State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections

                     lllllllllllllllllllllRespondents - Appellees
                         ___________________________

                                No. 16-3826
                        ___________________________

                                     Ira R. Leon

                       lllllllllllllllllllllPetitioner - Appellant

                                           v.

State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections

                     lllllllllllllllllllllRespondents - Appellees
                                      ____________

                    Appeals from United States District Court
                      for the District of Nebraska - Omaha
                                 ____________
                               Submitted: May 8, 2017
                                Filed: May 19, 2017

                                    [Unpublished]
                                    ____________

Before WOLLMAN, BOWMAN, and RILEY, Circuit Judges.
                       ____________

PER CURIAM.

       In his 28 U.S.C. § 2254 case, Ira Leon appeals the district court’s1 orders
(1) denying his Federal Rule of Appellate Procedure 4(a)(6) motion to reopen the
time to appeal, and (2) denying his Federal Rule of Civil Procedure 60 motion to
reopen the judgment denying habeas relief to restart the appeal clock. The district
court correctly determined that Leon did not meet the requirements for relief under
Rule 4(a)(6), see Fed. R. App. P. 4(a)(6) (providing a district court may reopen the
time to file an appeal only if, inter alia, the motion to reopen is filed within 180 days
of the entry of the order being appealed or within 14 days after the movant receives
notice of entry, whichever is earlier), or under Rule 60(b), see Fox v. Brewer, 
620 F.2d 177
, 180 (8th Cir. 1980) (holding that a belated filing of a Rule 60(b) motion
cannot be used to circumvent jurisdictional time limits for appellate review). We
decline to issue a certificate of appealability, see United States v. Rinaldi, 
447 F.3d 192
, 195 (3d Cir. 2006); United States v. Lambros, 
404 F.3d 1034
, 1036 (8th Cir.
2005) (per curiam), and dismiss the appeals.
                         ______________________________




      1
      The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.

                                          -2-

Source:  CourtListener

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