United States of America v. Foster

Filing 63

MOTION by Defendant Napoleon Foster for judgment under Rule 58 and Request for Certificates of Appealability (Attachments: # 1 Exhibit A)(Wood, Lisa)

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Case: 17-1149 Document: 3 Filed: 03/17/2017 Pages: 2 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 March 17, 2017 By the Court: NAPOLEON FOSTER, Petitioner-Appellant, No. 17-1149 UNITED STATES OF AMERICA, Respondent-Appellee. v. ] ] ] ] ] ] ] ] Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:13-cv-04193 Robert W. Gettleman, Judge. ORDER A preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. § 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district court's civil docket pursuant to Fed. R. Civ. P. 58. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266 (7th Cir. 1988). The district court has not issued a Rule 58 judgment in the present case, and for good reason. In its order of January 3, 2017, the district court denied petitioner Napoleon Foster’s § 2255 motion as to all issues “except the ACCA issue discussed in Section “C” above”, and continued the matter for further proceedings. Most recently, the district court appointed counsel to handle what remains of petitioner Foster’s § 2255 motion. - over - Exhibit A Case: 17-1149 Document: 3 Filed: 03/17/2017 No. 17-1149 Pages: 2 Page 2 This appeal, therefore, appears premature. Accordingly, IT IS ORDERED that petitioner-appellant Foster shall file, on or before March 31, 2017, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. NOTE: Caption document "JURISDICTIONAL MEMORANDUM". The filing of a Circuit Rule 3(c) Docketing Statement does not satisfy your obligation under this order. Exhibit A

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