Robert E. Carter v. Pamela Jo Bondi, U.S. Department of Justice, Federal Bureau of Prisons, William Linthrop, Acting Director of the Bureau of Prisons, M.A. Delafoisse, Warden of Yankton Federal Prison Camp, Lisa Allen, Case Manager Coordinator at the Yankton Federal Prison Camp, S. Thygeson, Case Manager at the Yankton Federal Prison Camp, Z. Kortan, Case Manager at the Yankton Federal Prison Camp, and M. Bennett, Case Manager at the Yankton Federal Prison Camp, all individual defendants in their official capacities

Summary

The United States District Court for the District of South Dakota addresses Robert E. Carter’s motion to file a late appeal from the dismissal of his 28 U.S.C. § 2241 habeas petition. The court concludes that the notice of appeal was timely under Federal Rule of Appellate Procedure 4(a)(1)(B), because the case involved federal respondents and the applicable period was 60 days. The court denies the motion as moot and directs the Clerk to file the notice of appeal as of April 6, 2026.

Holdings

1. The proposed notice of appeal was timely because, in this civil case involving the United States, its agency, or its officers or employees, Federal Rule of Appellate Procedure 4(a)(1)(B) allowed 60 days from entry of judgment.
2. No certificate of appealability was required to appeal the dismissal of Carter's § 2241 petition because the restrictions in 28 U.S.C. § 2253(c)(1) did not apply to his federal-custody § 2241 proceeding.

Questions Presented

1. Whether Carter's proposed notice of appeal was timely under Federal Rule of Appellate Procedure 4(a)(1)(B).
2. Whether a certificate of appealability was required to appeal the dismissal of Carter's federal-prisoner § 2241 petition.

Disposition

other