Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dyer v. Stovall

April 1, 2010

FELICIA MARIE DYER, PETITIONER,
v.
CLARICE STOVALL, RESPONDENT.



The opinion of the court was delivered by: Hon. George Caram Steeh

ORDER DENYING PETITIONER'S MOTIONS

Petitioner filed a habeas corpus petition challenging her convictions for assault with intent to commit murder and possession of a firearm during the commission of a felony. On August 15, 2008, the Court denied the petition and denied a certificate of appealability. Now before the Court are Petitioner's Motion for Extending Time, Motion for Certificate of Appealability, and two Motions for Appointment of Counsel.

Over one year after this Court issued its order denying the petition, Petitioner filed a notice of appeal and a motion to extend the appeal period. The Sixth Circuit Court of Appeals has dismissed Petitioner's appeal because she failed to comply with Fed. R. App. P. 4(a). Dyer v. Stovall, No. 09-2096 (6th Cir. Nov. 24, 2009). In its order dismissing the appeal, the Court of Appeals noted that Petitioner had filed a motion to extend the appeal period in this Court. The Court of Appeals held that this Court lacked authority to grant the motion because it was filed outside the time for filing a motion for extension of time under Fed. R. App. P. 4(a)(5) or a motion to reopen appeal period under Fed. R. App. P. 4(a)(6). Id. Because the Court of Appeals has already ruled on this issue, Petitioner's motion to extend the appeal period is denied.

Petitioner's remaining motions are also denied as moot.

Accordingly, IT IS ORDERED that Petitioner's Motion for Extending Time [dkt. # 37], Motion for Certificate of Appealability [dkt. #39], and Motions for Appointment of Counsel [dkt. # 34 & # 38] are DENIED.

GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

20100401

© 1992-2010 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.