Chapman v. USA

Filing 26

MEMORANDUM AND ORDER, The Court reserves ruling on Chapman's implied request for a certificate of appealability until it issues its final order and judgment. The Court directs the Clerk of Court to send a copy of this order to the Court of Appeals in connection with Appeal No. 14-1407. Signed by Judge J. Phil Gilbert on 3/4/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONDALE LEE CHAPMAN,
Petitioner,
v.

Civil No. 13-cv-384-JPG

UNITED STATES OF AMERICA,

Criminal No 11-cr-40031-JPG

Respondent.
MEMORANDUM AND ORDER
Pursuant to Federal Rule of Appellate Procedure 22(b)(1), the Court construes Chapman’s
notice of appeal (Doc. 22) as a request for a certificate of appealability. See Ouska v.
Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). A § 2255 petitioner may not proceed on
appeal without a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Ouska, 246 F.3d at
1045. A certificate of appealability may issue “only if the applicant has made a substantial
showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke,
542 U.S. 274, 282 (2004); Ouska, 246 F.3d at 1045.
In this case, the Court denied Chapman’s § 2255 motion from the bench at a February 6,
2014, hearing and indicated a written order explaining the Court’s reasons for its oral ruling would
follow. Chapman filed a notice of appeal before the Court could issue that written order and
judgment. Thus, his notice of appeal is premature. However, pursuant to Federal Rule of
Appellate Procedure 4(a)(2), a notice of appeal filed after the Court announces its ruling but before
entry of final judgment will spring into effect when that judgment is entered. For this reason, the
Court RESERVES RULING on Chapman’s implied request for a certificate of appealability until
it issues its final order and judgment. The Court DIRECTS the Clerk of Court to send a copy of
this order to the Court of Appeals in connection with Appeal No. 14-1407.
IT IS SO ORDERED.
DATED: March 4, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE