Scruggs v. USA

Filing 18

NOTICE. Signed by Judge Nancy J. Rosenstengel on 3/7/2017. (jmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE SCRUGGS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 3:13-CV-1135-NJR

NOTICE
ROSENSTENGEL, District Judge:
If Petitioner wishes to appeal this denial of his 2255 motion, he may file a notice of
appeal with this court within 60 days after the date the Order was entered. FED. R. APP. P.
4(a)(1)(B). The Court may extend the time to file a notice of appeal, but only if “a party so
moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and...that
party shows excusable neglect or good cause.” FED. R. APP. P. 4(a)(5).
A motion for leave to appeal in forma pauperis should set forth the issues Petitioner
plans to present on appeal. See FED. R. APP. P. 24(a)(1)(C). If Petitioner does choose to
appeal, and is allowed to proceed in forma pauperis, he will be liable for a portion of the
$505.00 appellate filing fee (the amount to be determined based on his prison trust fund
account records for the past six months) irrespective of the outcome of the appeal. See
FED. R. APP. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th
Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien v. Jockisch, 133 F.3d
464, 467 (7th Cir. 1998).

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Petitioner is further advised that a motion filed pursuant to Federal Rule of Civil
Procedure 59(e) must be filed no later than 28 days after the entry of the judgment—a
deadline that cannot be extended. A proper and timely Rule 59(e) motion may toll the
60-day appeal deadline, but a motion for relief from a final judgment, order, or
proceeding does not toll the deadline for an appeal.
Petitioner cannot take an appeal unless a circuit justice or judge issues a certificate
of appealability under 28 U.S.C. § 2253(c). Here, the undersigned District Judge has
already declined to issue a certificate of appealability. Thus, Petitioner must seek a
certificate of appealability from the Court of Appeals under Federal Rule of Appellate
Procedure 22.
IT IS SO ORDERED.
DATED: March 7, 2017
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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