Dewey v. Haas

Filing 17

ORDER denying 13 Motion for Certificate of Appealability and denying 14 Motion for Order to Show Cause. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSHUA DEWEY,
Petitioner,
Case No. 2:16-cv-13573
Hon. George Caram Steeh

v.
RANDALL HAAS,
Respondent.
___________________________/

ORDER DENYING PETITIONER’S MOTION FOR
CERTIFICATE OF APPEALABILITY [Dkt. 13], AND
DENYING PETITIONER’S MOTION TO SHOW CAUSE [Dkt. 14]
On June 13, 2017, this Court denied Petitioner’s habeas application
brought pursuant to 28 U.S.C. § 2254. The Court also denied a certificate
of appealability and denied permission to appeal in forma pauperis. Before
the Court are Petitioner’s motion for a certificate of appealability and his
motion to show cause, the later of which seeks to extend the time for filing
a notice of appeal.
On September 1, 2017, the same date Petitioner filed the pending
motions, Petitioner also filed a notice of appeal. On November 9, 2017, the
Sixth Circuit issued an order dismissing Petitioner’s appeal as untimely.
The Court found:
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Federal Rule of Appellate Procedure 26(b) specifically provides
that the time for filing a notice of appeal may not be extended
except as authorized in Rule 4. We have reviewed the record
and find that the exceptions authorized by Rule 4 do not apply
in this case. Dewey filed a “Motion to Show Cause” in the
district court on September 1, 2017. In that motion, Dewey
seeks an extension of time to file a notice of appeal. The
deadline for Dewey to seek a Federal Rule of Appellate
Procedure 4(a)(5) extension passed on August 14, 2017. See
Fed. R. App. P. 4(a)(5)(A)(I).
Dewey v. Hass, No. 17-2059 (6th Cir. Nov. 9, 2017).
In light of the Sixth Circuit’s order dismissing Petitioner’s appeal as
untimely, and in light of its determination that no exceptions to the time-limit
for appealing apply to Petitioner’s case, Petitioner’s pending motions are
DENIED.
SO ORDERED.
Date: December 8, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
December 8, 2017, by electronic and/or ordinary mail and also
on Joshua Dewey #379204, Macomb Correctional Facility,
34625 26 Mile Road, New Haven, MI 48048.
s/Barbara Radke
Deputy Clerk

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