Sigue v. Avoyelles Bunkie Detention Center

Filing 10

ORDER ORDERED that the 8 Motion for Reconsideration is DENIED; construing plaintiff's request that "he be allowed to appeal the Report and Recommendation" as a notice of appeal and motion for certificate of appealability, the requested relief must be DENIED as untimely Signed by Judge Tucker L Melancon on 12/10/09. (crt,Davis, C)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION

MELVIN SIGUE VERSUS RONNIE HEGGER, WARDEN

CIVIL ACTION NO. 08-101 JUDGE MELANÇON MAGISTRATE JUDGE HILL ORDER

Before the Court is plaintiff's Motion for Reconsideration of Judgment entitled "Request to Proceed with the Ineffective Assistance of Counsel Claim and/or Review the Writ `de novo'" [Rec. Doc. 8]. Having reviewed the motion and the record before the Court, it is ORDERED that the motion is DENIED. The record reflects that upon his request [Rec. Doc. 3], plaintiff's ineffective assistance of counsel claim was dismissed without prejudice, on February 10, 2009 [Rec. Doc. 7], after plaintiff was fully informed of the consequences of making such request [Rec. Doc. 2], and so as to allow plaintiff to exhaust his state court remedies. The record reflects further, that plaintiff failed to object to the Court's Judgment. To the extent that plaintiff now wishes to have his claim for ineffective assistance of counsel adjudicated, he is required to file a new complaint. Construing plaintiff's request that "he be allowed to appeal the Report and Recommendation" as a notice of appeal and motion for certificate of appealability,

the requested relief must be DENIED as untimely.1 The Court's Judgment adopting the Report and Recommendation of the Magistrate Judge was entered on February 10, 2009 [Rec. Doc. 7], and plaintiff did not file the present motion until December 8, 2009. THUS DONE AND SIGNED this 10th day of December, 2009 at Lafayette, Louisiana.

Federal Rule of Appellate Procedure 4(a) provides, in pertinent part, that a notice of appeal "must be filed with the district clerk within 30 days after the judgment or order appealed from is entered."

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