Reed v. USA

Filing 46

ORDER Denying 44 Notice of Appeal, construed as a motion for certificate of appealability, filed by Monica D. Reed. Petitioner's request for appointment of counsel to assist her with her appeal is Dismissed. Signed by Judge William D. Stiehl on 08/31/2011. (jst)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MONICA D. REED,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL NO. 08-cv-106-WDS

MEMORANDUM & ORDER
STIEHL, District Judge:
Before the Court is petitioner’s notice of appeal, which the Court construes as a motion
for certificate of appealability (Doc. 44). Petitioner’s notice of appeal includes a request that this
Court appoint an attorney to assist her in the appeal process.
I. Motion for Certificate of Appealability
Issuance of a certificate of appealability requires the Court to find that petitioner has
made “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). In
this case, petitioner has not made any showing of a denial of a constitutional right, and the Court,
therefore, declines to issue a certificate of appealability.
II. Request for Appointment of Counsel
Petitioner asks this Court to appoint counsel to assist her with the appeal process, based
upon the assertion that she is indigent. Up to this point, petitioner has proceeded pro se before
this Court.
“‘The filing of a notice of appeal is an event of jurisdictional significance-it confers
jurisdiction on the court of appeals and divests the district court of its control over those aspects

of the case involved in the appeal.’” United States v. Ali, 619 F.3d 713, 722 (7th Cir. 2010)
(quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)). Petitioner’s motion
for appointment of counsel would be more appropriately handled by the Seventh Circuit Court of
Appeals, which will be considering her appeal. In light of the fact that this Court does not have
jurisdiction to consider this request, the Court, hereby, DISMISSES petitioner’s request for
appointment of counsel, and informs her that she may file a motion in the Seventh Circuit Court
of Appeals requesting the same.
Conclusion
Accordingly, petitioner’s notice of appeal, construed as a motion for certificate of
appealability (Doc. 44) is DENIED. Petitioner’s request for appointment of counsel to assist her
with her appeal is DISMISSED.

IT IS SO ORDERED
DATE: August 31, 2011
/s/ WILLIAM D. STIEHL
DISTRICT JUDGE

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