Clark v. USA

Filing 40

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner Sacorey Clark's Motion for Extension of Time to File Motion for Reconsideration, Fed. R. Civ. P. Rule 60 Motion, and/or Notice of Appeal (Doc. 39 ) is GRANTED in part. Petitioner&# 039;s deadline for filing a Notice of Appeal is EXTENDED by thirty (30) days pursuant to Fed. R. App. P. 4(a)(5)(A). Petitioner's request to extend the deadlines for seeking relief under Fed. R. Civ. P. 59 and 60 is DENIED. Signed by District Judge John A. Ross on 1/11/2022. (CLO)

Case: 4:21-cv-00127-JAR Doc. #: 40 Filed: 01/11/22 Page: 1 of 3 PageID #: 662

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SACOREY CLARK,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:21-CV-00127-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Sacorey Clark’s Motion for Extension of Time
to File Motion for Reconsideration, Fed. R. Civ. P. Rule 60 Motion, and/or Notice of Appeal.
(Doc. 39). For the reasons discussed below, the motion will be granted in part.
On December 15, 2021, the Court denied Petitioner’s Motion to Vacate, Set Aside, or
Correct Sentence pursuant to 28 U.S.C. § 2255. (Docs. 36, 37). Petitioner claims that he has not
had access to the law library or his legal materials since December 2, 2021 and has not received
copies of these Orders. (Doc. 39 at ¶ 1). Petitioner attached a letter from his Unit Manager at the
Federal Bureau of Prisons indicating that Petitioner was recently placed in quarantine due to
COVID-19 protocols. (Doc. 39-1). The Unit Manager requests that the Court “accept this letter as
justification for [Petitioner’s] delayed response.” (Id. at 1).
The Federal Rules of Civil Procedure apply in § 2255 proceedings. Jeffries v. United States,
721 F.3d 1008, 1012-13 (8th Cir. 2013) (citations omitted); see also Rules Governing Section 2255
Proceedings for the United States District Courts, Rule 12. Per Rule 11(b) of the Section 2255
Rules, Fed. R. App. P. 4(a) governs the time for filing appeals. Because the United States is party
to § 2255 proceedings, Petitioner has 60 days from this Court’s entry of judgment to file a Notice

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of Appeal. Fed. R. App. P. 4(a)(1)(B); see also Ackerland v. United States, 633 F.3d 698, 701 (8th
Cir. 2011).
Petitioner’s 60-day window for filing a Notice of Appeal has not yet expired. A substantial
portion of this period has passed, however, and Petitioner has apparently not been able to obtain
copies of the applicable Orders due to circumstances beyond Petitioner’s control. Petitioner has
timely and appropriately requested an extension. Accordingly, the Court finds that Petitioner has
demonstrated excusable neglect and good cause to extend the deadline for appeal. Fed. R. App. P.
4(a)(5)(A). The Court will extend Petitioner’s deadline by 30 days, which is the maximum
extension permitted under the rules. Fed. R. App. P. 4(a)(5)(C).
Petitioner also requests an extension of time to file motions for relief under Fed. R. Civ. P.
59 and 60. Pursuant to Fed. R. Civ. P. 6(b)(2), however, this Court lacks authority to extend the
deadlines imposed by Rules 59(e) and 60(b). See Blackwell v. United States, No. 4:99-CV-1687
CAS, 2009 WL 3698425, at *1 (E.D. Mo. Nov. 3, 2009) (holding Rule 59(e) deadline cannot be
enlarged by district court in § 2255 context). The Court will therefore deny Petitioner’s motion as
to Rules 59 and 60.
Accordingly,
IT IS HEREBY ORDERED that Petitioner Sacorey Clark’s Motion for Extension of
Time to File Motion for Reconsideration, Fed. R. Civ. P. Rule 60 Motion, and/or Notice of Appeal
(Doc. 39) is GRANTED in part. Petitioner’s deadline for filing a Notice of Appeal is
EXTENDED by thirty (30) days pursuant to Fed. R. App. P. 4(a)(5)(A). Petitioner’s request to
extend the deadlines for seeking relief under Fed. R. Civ. P. 59 and 60 is DENIED.

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Case: 4:21-cv-00127-JAR Doc. #: 40 Filed: 01/11/22 Page: 3 of 3 PageID #: 664

Dated this 11th day of January, 2022.
________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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