Brooks v. USA

Filing 32

ORDER DENYING Motion for Extension of Time to File Notice of Appeal (Doc. 30 ). Clerk of Court shall transmit a copy of this Order to Petitioner, Carvin G. Brooks. Signed by Judge Staci M. Yandle on 9/26/2019. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARVIN G. BROOKS,
Petitioner,
vs.
USA,
Respondent.

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Case No. 15-CV-517-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Petitioner Carvin G. Brooks filed a Motion to Vacate, Set Aside, or Correct Sentence
pursuant to 28 U.S.C. § 2255 on May 7, 2015. Counsel was appointed to represent Brooks, and
after an evidentiary hearing, the Motion was denied on September 27, 2018 (Doc. 28). The Clerk
of Court entered Judgment the same day (Doc. 29) and electronically transmitted it to Brooks’
attorney, Jordan J. Campanella.
Now pending before the Court is Brooks’ pro se Motion for Extension of Time to File a
Notice of Appeal (Doc. 30). Brooks asserts that he did not receive a copy of the Court’s Judgment
until after he contacted his attorney in February 2019. He seeks additional time pursuant to Federal
Rule of Appellate Procedure 4(a) to file a notice of appeal.
Brooks had 60 days from entry of Judgment to file his notice of appeal, or until November
26, 2018. Fed. R. App. P. 4(a)(1)(B). That deadline can be extended upon a showing of excusable
neglect or good cause, if requested no later than 30 days after the deadline – in this case, by
December 26, 2018. Id. 4(a)(5). Thereafter, the deadline for filing a notice of appeal can be
extended if Brooks can show that he did not receive notice of the Judgment within 21 days of its
entry and that no party would be prejudiced. Such a motion, however, must be filed within 180
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days of entry of the Judgment or 14 days after receiving notice thereof, whichever is earlier. Id.
4(a)(6).
Even if the Court finds that Brooks’ did not receive a copy of the Judgment (he was
represented by counsel who did receive a copy), the earliest of those dates is on or around March
18, 2019, 14 days after he received a copy of the Judgment. As such, Brooks’ Motion was filed
57 days too late and is DENIED as untimely.
IT IS SO ORDERED.
DATED: September 26, 2019

STACI M. YANDLE
United States District Judge

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