BOONE v. MARBERRY

Filing 21

ORDER denying 19 Motion for relief from judgment; denying 20 Motion to Appoint Counsel. Signed by Judge William T. Lawrence on 4/21/2010. (VS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA GARY DEAN BOONE, Petitioner, vs. H. J. MARBERRY, Warden, Respondent. ) ) ) ) ) ) ) )

2:09-cv-221-WTL-TAB

ENTRY Habeas petitioner Gary Boone's most recent motion for relief from judgment (dkt 19) has been considered. As explained in Part I of the Entry issued on March 26, 2010, a motion to reopen the time to file an appeal pursuant to Rule 4(a)(6) of the Federal Rules of Appellate Procedure is "the exclusive authority for the district court to order the reopening of an otherwise expired and no longer extendable time for filing [a notice of appeal]." Wilkens v. Johnson, 238 F.3d 328, 331 (5th Cir. 2001). Accordingly, Boone's most recent motion for relief from judgment (dkt 19) is denied. In light of the foregoing, Boone's motion for the appointment of counsel (dkt 20) is denied. IT IS SO ORDERED.

Date: 04/21/2010 Distribution: Gary Dean Boone Reg No 94865-071 U S Penitentiary P O Box 33 Terre Haute, IN 47808 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana