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- ilnd;;1:04-cv-04991_de38 RegisterActionDate "2005-02-28" @default.
- ilnd;;1:04-cv-04991_de38 RegisterActionDescriptionText "CERTIFIED copy of order dated 2/4/05 from the U.S. Court of Appeals - 7th Circuit Appellate case no. : 04-4157; On review of the papers filed in this matter, it is ordered that this appeal is dismissed for lack of jurisdiction. Rule 4(a) of the Federal Rules of Appellate Procedure requires that a notice of appeal in a civil case be filed in the district court within 30 days of the entry of the judgment or order appealed. In this case the order dismissing petitioner-appellant's habeas corpus petition was entered on 10/19/04, and the notice of appeal was filed on 12/7/04, 19 days late. The district court has not granted an extension of the appeal period, see Rule 4(a) (5), and this court is not empowered to do so, see Fed. R. App. P. 26(b). The court notes, however, that petitioner-appellant Kiley Clay-El filed a letter with the district court on 11/16/04 (see district court docket entry no. 15), within 30 days of entry of the dismissal order. The district court treated the letter as a request for certificate of appealability. See minute order of 12/3/04. We take one further step and treat the letter also as petitioner-appellant's notice of appeal. See Bell v. Mizell, 931 F.2d 444 (7th Cir. 1991) (application for certificate of probable cause treated as the notice of appeal). Accordingly, the district court clerk is directed to docket petitioner-appellant Clay-El's letter (district court docket entry No. 15) as his notice of appeal and forward that paper, along with the other papers comprising the short record, to this court pursuant to Circuit Rule 3(a). (vmj, ) (Entered: 03/07/2005)" @default.
- ilnd;;1:04-cv-04991_de38 AdministrativeID "33" @default.