ANDERSON v. USA

Filing 23

ENTRY DISCUSSING MOTION FOR TIME TO FILE NOTICE OF APPEAL AND MOTION FOR COUNSEL - Any notice of appeal must be filed by Monday, August 17, 2015. Form 1 in the Federal Rules of Appellate Procedure's Appendix of Forms is a suggested form of a notice of appeal. See Fed. R. App. P. 3(c)(5). This Form is attached for the petitioner's reference. The deadline for filing a notice of appeal can only be extended if excusable neglect or good cause is shown. Fed. R. App. P. 4(a)(5)(A ), (C). These circumstances are not present because the petitioner still has sufficient time to file a timely notice of appeal. Accordingly, the motion for extension of time [dkt. 22 ] is DENIED. The petitioner's request for an attorne y to appeal his motion pursuant to § 2255 is DENIED. This Court is not in a position to appoint counsel to represent the petitioner on appeal. See Johnson v. Chandler, 487 F.3d 1037 (7th Cir. 2007) ("The appointment stops at the do or of the district court."). Instead, the petitioner should direct his request for counsel to the Seventh Circuit after filing his Notice of Appeal. Copy Mailed. Signed by Judge Tanya Walton Pratt on 7/24/2015. (Attachments: # 1 Notice of Appeal Exhibit) (MGG).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DENNY RAY ANDERSON,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 1:13-cv-01734-TWP-MJD

ENTRY DISCUSSING MOTION FOR TIME TO FILE NOTICE OF APPEAL AND
MOTION FOR COUNSEL
Now before the Court is the petitioner’s motion for extension of time to file a notice of
appeal and motion for counsel.
I. Motion for Time
Final judgment was entered on June 17, 2015. Because the United States is a party, the
petitioner has sixty (60) days to file a notice of appeal (not thirty days as he suggests). Fed. R.
App. P. 4(a)(1)(B). That is, any notice of appeal must be filed by Monday, August 17, 2015. See
Fed. R. Civ. P. 6(a)(1). A notice of appeal “requires very little in the way of content, and thus
essentially no research.” Robinson v. Sweeny, No. 14-1936 (7th Cir. July 23, 2015) (Slip Opinion)
(citing Fed. App. P. 3(c)). Form 1 in the Federal Rules of Appellate Procedure’s Appendix of
Forms is a suggested form of a notice of appeal. See Fed. R. App. P. 3(c)(5). This Form is attached
for the petitioner’s reference.
The deadline for filing a notice of appeal can only be extended if excusable neglect or good
cause is shown. Fed. R. App. P. 4(a)(5)(A), (C). These circumstances are not present because the

petitioner still has sufficient time to file a timely notice of appeal. Accordingly, the motion for
extension of time [dkt. 22] is DENIED.
II. Request for Counsel
The petitioner’s request for an attorney to appeal his motion pursuant to § 2255 is
DENIED. This Court is not in a position to appoint counsel to represent the petitioner on appeal.
See Johnson v. Chandler, 487 F.3d 1037 (7th Cir. 2007) (“The appointment stops at the door of
the district court.”). Instead, the petitioner should direct his request for counsel to the Seventh
Circuit after filing his Notice of Appeal.
IT IS SO ORDERED.

Date: 7/24/2015

Distribution:
DENNY RAY ANDERSON
10387-028
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