Edwards v. Austin et al

Filing 54

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/3/2009:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION United States of America, ex rel. Xavier Edwards #R28955, Petitioner, v. Gregory Schwartz, Respondent. ) ) ) ) ) ) ) ) ) )

07 C 7196

MEMORANDUM ORDER This Court's February 3, 2009 memorandum opinion and order dismissed the pro se petition that had been brought by Xavier Edward ("Edwards") under 28 U.S.C. §2254, seeking to obtain federal habeas relief against the state court conviction on which he is now serving a custodial sentence. On February 27 this

District Court's Clerk's Office received Edwards' motion for an extension of time within which to file a notice of appeal from that dismissal.1 Edwards has asserted a good cause for such an At Pinckneyville

extension, as required by Rule 4(a)(5)(A)(ii):

Correctional Center, where he is incarcerated, he is allowed only limited access to the prison law library. This Court therefore grants Edwards' motion for an extension of 30 days, which would bring the date to April 4 in calendar

Although Edwards' motion refers to March 3 as the last day for filing the notice, that fails to take into account the fact that February is only a 28-day month. Thus the 30-day period for filing the notice (see Fed.R.App.P. ("Rule") 4(a)(1)(A)) runs out on March 5 rather than March 3.

1

terms but actually permits a filing by April 6 because April 4 is a Saturday. This grant of an extension does not of course

address the question whether Edwards will be entitled to a certificate of appealability once he perfects his appeal.

_________________________________ Milton I. Shadur Senior United States District Judge Date: March 3, 2009