Stadfeld, Jacob v. United States of America

Filing 14

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp denied. Signed by District Judge Barbara B. Crabb on 3/4/14. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
13-cv-722-bbc
08-cr-138-bbc
v.
JACOB STADFELD,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendant has filed a notice of appeal from the court’s February 11, 2014 order
granting his motion for an extension of time until March 24, 2014 to file his reply brief in
support of his motion under 28 U.S.C. § 2255. I am construing defendant’s notice of appeal
to include a request for leave to proceed in forma pauperis on appeal and am denying it.
In the February 11, 2014 order, I told defendant that no further extensions would be
granted. Defendant wishes to appeal this assertion. Because the February 11, 2014 order
does nothing more than to consider (and grant) defendant’s motion for an extension of time
to file a reply brief, the order is not appealable. Defendant has until March 24, 2014, to file
his reply brief. If by then he has still not received his legal materials, or if he does not have

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enough time since receiving them to prepare his reply brief, he could file a third motion in
this court for an extension of time, setting out his reasons for another extension.

ORDER
IT IS ORDERED that defendant’s notice of appeal is construed as including a request
for leave to appeal in forma pauperis and so construed is DENIED.

Entered this 4th day of March, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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