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Gibson v. Wolfe

March 27, 2007

STEVEN GIBSON, PETITIONER,
v.
JEFFREY WOLFE, WARDEN, RESPONDENT.



The opinion of the court was delivered by: James L. Graham United States District Judge

Magistrate Judge King

OPINION AND ORDER

This matter is before the Court on petitioner's March 19, 2007, request for reconsideration of the March 5, 2007, denial of petitioner's February 7, 2007, request for a certificate of appealability. Doc. No. 53. For the reasons that follow, petitioner's motion for reconsideration, Doc. No. 53, is DENIED.

Petitioner again alleges that he did not learn that final judgment had been entered dismissing his habeas corpus petition until December 5, 2006. He states that he did not receive a copy of the final judgment of dismissal until January 18, 2007. Petitioner therefore again now contends that his appeal is timely, because he filed a December 14, 2006, motion for relief from judgment and request for reopening of the time to file an appeal. Motion to Reconsider, Doc. 53.

As previously discussed, and contrary to petitioner's allegations here, the docket indicates that petitioner was timely notified on May 15, 2006, of final judgment dismissing his §2254 petition. See Doc. Nos. 42, 43. He was again notified that his §2254 petition had been dismissed on September 15, 2006. Doc. No. 46. He was yet again notified that final judgment had been entered dismissing his habeas corpus petition on December 5, 2006. Doc. No. 48. Further, even accepting as true petitioner's allegation that he was not notified of the final judgment dismissing his habeas corpus petition until December 5, 2006, for the reasons previously discussed, this Court is without the authority to extend the time to file the appeal under the scenario presented in this case.

Petitioner's motion for reconsideration, Doc. No. 53, therefore is DENIED.

It is so ORDERED.

20070327

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