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United States of America v. Kevin Judas Coleman

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


February 16, 2011

UNITED STATES OF AMERICA, RESPONDENT
v.
KEVIN JUDAS COLEMAN, SR. PETITIONER

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

MEMORANDUM ORDER

Pending before the Court is Petitioner Kevin Judas Coleman, Sr.'s motion which requests an extension of time to file an appeal of this Court's order denying Petitioner's motions under 28 U.S.C. § 2255. (Doc. No. 59.)

On December 9, 2010, the Court issued its final order denying Petitioner's § 2255 motion. (See Doc. No. 57.) 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. P. 4(a)(1)(B). On February 10, 2011, Petitioner filed his request seeking an extension of time to file his appeal. (Doc. No. 59.) Petitioner avers that he never received a copy of the Court's order denying his § 2255 motion because of a change in address. (Id. at 1.) 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. P. 4(a)(5)(A)(i). Petitioner now has an additional 30 days added to his time to appeal his § 2255 motion. See Fed. R. App. P. 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 March 9, 2011.*fn1

ACCORDINGLY, on this 15th day of February 2011, it is HEREBY ORDERED THAT Petitioner's request for an extension of time to appeal from this Court's order denying him relief under 28 U.S.C. § 2255 is GRANTED. A Notice of Appeal must be filed on or before March 9, 2011. IT IS FURTHER ORDERED THAT the Clerk of Court is directed to provide Petitioner with a copy of the Court's December 9, 2010 Memorandum and Order (Doc. No. 57).

Yvette Kane

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


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