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Somers v. Dickinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 27, 2010

KEITH SOMERS, PETITIONER,
v.
KATHLEEN DICKINSON, WARDEN (A), CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY AND STATE PRISON, CORCORAN, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motion at Docket No. 51]

At Docket No. 51 Petitioner Keith Somers, a state prisoner appearing pro se, filed a Motion for Permission to File Belated Notice of Appeal. Final judgment was entered in this case on April 8, 2010. Somers filed his motion on October 14, 2010, more than 180 days after the entry of judgment. Accordingly, this Court lacks authority to either extend or reopen Somers's time to file a notice of appeal.*fn1

IT IS THEREFORE ORDERED THAT the Motion for Permission to File Belated Notice of Appeal at Docket No. 51 is DENIED, without prejudice to renewal before the Court of Appeals.


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