Valez-Santos v. Rivera

Filing 24

ORDER: The Court declines to vacate its second Judgment. But the Court construes Valez-Santos's latest filing, 23 , as a motion to reopen the time for appeal, which is granted for good cause. Valez-Santos has until 12 June 2015 to file a notice of appeal. On the merits, the Court declines to issue a certificate of appealability. Valez-Santos hasn't made a substantial showing that his constitutional rights were denied. As the Court has explained, 19 , Magistrate Judge Deere had authority to make recommendations in this case. Signed by Judge D. P. Marshall Jr. on 5/12/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

MELVIN OMAR V ALEZ-SANTOS
Reg. #32316-069

v.

PETITIONER

No. 2:14-cv-105-DPM-BD

C. V. RIVERA, Warden, Federal Correctional
Complex, Forrest City, Low

RESPONDENT

ORDER
Valez-Santos moves to set aside this Court's Judgment entered several
months ago. He says he didn't get a copy, and thus lost the right to appeal.
NQ 21. Valez-Santos's mail problems are curious. He seems to get copies of

most things the Court mails to him but not everything.
The Court declines to vacate its second Judgment. But the Court
construes Valez-Santos' s latest filing, NQ 23, as a motion to reopen the time for
appeal, FED. R. APP. P. 4(a)(6), which is granted for good cause. The Court is
skeptical about the mailing problem; but it is better to err on the side of
preserving a litigant's right to seek an appeal. Valez-Santos has until12 June
2015 to file a notice of appeal.
On the merits, the Court declines to issue a certificate of appealability,
though.

Valez-Santos hasn't made a substantial showing that his

constitutional rights were denied. 28 U.S.C.A. § 2253(c)(l)-(2). As the Court
has explained, NQ 19, Magistrate Judge Deere had authority to make
recommendations in this case.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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