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Stuart v. Brown

UNITED STATES DISTRICTCOURT DISTRICT OF NEW JERSEY


February 15, 2006

RE: STUART
v.
BROWN, ET AL.

The opinion of the court was delivered by: William J. Martini Judge

LETTER OPINION

Dear Counsel:

On August 5, 2004, this Court entered an order denying Plaintiff's petition for writ of habeas corpus. This matter now comes before the Court on Plaintiff's motion to reopen the time to file an appeal pursuant to Fed. R. App. P. 4(a)(6). For the reasons stated below, this motion is DENIED.

Under Rule 4(a)(6), a district court may reopen the time to file an appeal if the motion to reopen is filed "within 180 days after the judgment or order is entered or within 7 days after the moving party receives notice of the entry, whichever is earlier." Plaintiff's attorney Mr. Schafer asserts that he and his client did not become aware of this Court's order until August 8, 2005.

Even if this Court were to accept Mr. Schafer's statement as fact,*fn1 Plaintiff did not file the instant motion until January 12, 2005, well over a year after entry of the order and over five months after Plaintiff received notice of the order. As such, this Court finds that Plaintiff's motion does not meet the requirements as set forth in Rule 4(a)(6), and this motion is DENIED.

WILLIAM J. MARTINI, U.S.D.J.


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