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United States v. Edmonds

UNITED STATES DISTRICT COURT District of New Jersey


October 5, 2010

RE: UNITED STATES
v.
EDMONDS;

The opinion of the court was delivered by: William H. Walls United States Senior District Judge

Chambers of William H. Walls District Judge (973) 645-2564 (973) 645-3436 Fax

Martin Luther King Jr. Federal Courthouse 50 Walnut Street Newark, New Jersey 07102

Motion for Leave to File Out of Time

Dear Arthur Edmonds:

The Court is in receipt of your August 11, 2010, Notice of Appeal and Motion for Leave to File Out of Time. As the government noted in its response, pursuant to Fed. R. App. P. 4(b), a defendant must normally file his notice of appeal within 14 days. (Gov. Letter-Br., at 2.) The Court may also extend time for filing due to a grace period of thirty days provided by Fed. R. App. P. 4(b)(4). Your filing on August 11, 2010, is clearly outside of either period of time for filing.

As you allege that the reason you failed to file your appeal and notice of appeal in a timely fashion was inadequate assistance of counsel, this matter is more appropriately brought under 28 U.S.C. § 2255.

It is on this 5th day of October, 2010:

ORDERED that Defendant Arthur Edmonds' Motion for Leave to File Out of Time is DENIED.

20101005

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