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United States v. Carter

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 2, 2010

UNITED STATES OF AMERICA
v.
ALFONSO F. CARTER, DEFENDANT.

The opinion of the court was delivered by: Chief Judge Kane

MEMORANDUM ORDER

Pending before the Court is Petitioner Alfonso Carter's motion which: (1) requests an extension of time to file an appeal to this Court's order denying Petitioner's motions under 28 U.S.C. § 2255 and 18 U.S.C. § 3582(c); and (2) seeks leave to file a petition under 28 U.S.C. § 2241. (Doc. No. 121.)

On April 20, 2010, the Court issued its final order denying Petitioner's § 2255 motion and his motion for a reduction of sentence under 18 U.S.C. § 3582(c). (See Doc. No. 119.) Because the United States was a party in the case, Petitioner had 60 days after the order was entered to file an appeal. Fed. R. App. Pro. 4(a)(1)(B). Rather than filing an appeal within that time, on June 14, 2010, Petitioner filed his request seeking an extension of time to file his appeal. The Court will grant Petitioner's request. "The district court may extend the time to file a notice of appeal if... a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires...." Fed. R. App. Pro. 4(a)(5)(A)(i). Petitioner now has an additional 30 days added to his time to appeal his § 2255 or 18 U.S.C. § 3582(c) motions. See Fed. R. App. Pro. 4(a)(5)(C) ("No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later."). Such appeal must be filed on or before July 19, 2010.*fn1 Petitioner's secondary request is for leave to file a petition under 28 U.S.C. § 2241. No leave of Court is required for Petitioner to make such a filing. Therefore, to the extent that Petitioner seeks leave from this Court to file a § 2241 petition, the motion will be dismissed as unnecessary.*fn2

ACCORDINGLY, on this 2nd day of July 2010, it is HEREBY ORDERED THAT:

1. Petitioner's request for an extension of time to appeal from this Court's order denying him relief under 28 U.S.C. § 2255 and 18 U.S.C. § 3582(c) is GRANTED. A Notice of Appeal must be filed on or before July 19, 2010.

2. To the extent Petitioner seeks leave to pursue relief under 28 U.S.C. § 2241, Petitioner's request is dismissed as unnecessary.

Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania


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