Irwin Gomez-Colon v. Tim Hooper, Warden

Summary

The United States District Court for the Eastern District of Louisiana grants Irwin Gomez-Colon's motions to reopen the case, construing them as motions under Federal Rule of Appellate Procedure 4(a)(6) to reopen the time to seek a certificate of appealability. The court finds that Gomez-Colon did not receive notice of the judgment within 21 days of its entry and that his motions were timely and would not prejudice any party. The court deems his notice of appeal a timely request for a certificate of appealability addressed to the Fifth Circuit.

Holdings

1. Motions labeled as motions to reopen the case may be construed as motions to reopen the time to seek a certificate of appealability when the only asserted error is failure to receive notice of the judgment.
2. Rule 4(a)(5) did not provide a basis for relief because the motions were filed more than 60 days after entry of the judgment.
3. The court may reopen the time to appeal under Rule 4(a)(6) when the appellant did not receive notice of the judgment within 21 days, moved within the rule's applicable time limits, and reopening would not prejudice any party.
4. In a habeas proceeding, the notice of appeal constituted a request for a certificate of appealability addressed to the Fifth Circuit and was timely after the court reopened the appeal period.

Questions Presented

1. Whether the motions should be construed as motions to reopen the time to seek a certificate of appealability under Federal Rule of Appellate Procedure 4(a)(6).
2. Whether the requirements of Rule 4(a)(6) were satisfied when the petitioner did not receive notice of the judgment within 21 days, filed within the applicable time limits, and reopening would not prejudice any party.
3. Whether the petitioner's notice of appeal constituted a request for a certificate of appealability addressed to the court of appeals and was timely after the time to appeal was reopened.

Disposition

other