Fitzpatrick v. Warden, Mansfield Correctional Institution

Filing 97

NOTICE - The Court notes Petitioner's Intent to Seek a Certificate of Appealability (Doc. No. 96.) which indicates an intention to file a motion to that effect on or before February 4, 2010. In that the Warden has no objection to that timing, th e Court likewise has no objection. Under Federal Rules of Appellate Procedure 4(a), a notice of appeal must be filed within thirty days of judgment or not later than December 5, 2009. Petitioner has neither sought nor been granted an extension of that deadline. Signed by Magistrate Judge Michael R Merz on 11/17/2009. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
STANLEY FITZPATRICK, : Petitioner, : -vsMARGARET BRADSHAW, Warden, : Respondent. Case No. 1:06-cv-356 District Judge Susan J. Dlott Magistrate Judge Michael R. Merz

NOTICE

The Court notes Petitioner's Intent to Seek a Certificate of Appealability (Doc. No. 96.) which indicates an intention to file a motion to that effect on or before February 4, 2010. In that the Warden has no objection to that timing, the Court likewise has no objection. Under Federal Rules of Appellate Procedure 4(a), a notice of appeal must be filed within thirty days of judgment or not later than December 5, 2009. Petitioner has neither sought nor been granted an extension of that deadline. November 17, 2009.
s/ Michael R. Merz United States Magistrate Judge