United States District Court, S.D. Indiana, Indianapolis Division
July 24, 2015
DENNY RAY ANDERSON, Petitioner,
UNITED STATES OF AMERICA, Respondent.
ENTRY DISCUSSING MOTION FOR TIME TO FILE NOTICE OF APPEAL AND MOTION FOR COUNSEL
TANYA WALTON PRATT,
Now before the Court is the petitioner’s motion for extension of time to file a notice of appeal and motion for counsel.
I. Motion for Time
Final judgment was entered on June 17, 2015. Because the United States is a party, the petitioner has sixty (60) days to file a notice of appeal (not thirty days as he suggests). Fed. R. App. P. 4(a)(1)(B). That is, any notice of appeal must be filed by Monday, August 17, 2015. See Fed.R.Civ.P. 6(a)(1). A notice of appeal “requires very little in the way of content, and thus essentially no research.” Robinson v. Sweeny, No. 14-1936 (7th Cir. July 23, 2015) (Slip Opinion) (citing Fed. App. P. 3(c)). Form 1 in the Federal Rules of Appellate Procedure’s Appendix of Forms is a suggested form of a notice of appeal. See Fed. R. App. P. 3(c)(5). This Form is attached for the petitioner’s reference.
The deadline for filing a notice of appeal can only be extended if excusable neglect or good cause is shown. Fed. R. App. P. 4(a)(5)(A), (C). These circumstances are not present because the petitioner still has sufficient time to file a timely notice of appeal. Accordingly, the motion for extension of time [dkt. 22] is DENIED.
II. Request for Counsel
The petitioner’s request for an attorney to appeal his motion pursuant to § 2255 is DENIED. This Court is not in a position to appoint counsel to represent the petitioner on appeal. See Johnson v. Chandler, 487 F.3d 1037 (7th Cir. 2007) (“The appointment stops at the door of the district court.”). Instead, the petitioner should direct his request for counsel to the Seventh Circuit after filing his Notice of Appeal.
IT IS SO ORDERED.