Bethea v. Bureau of Prisons

Full title: Terence K. Bethea, Appellant v. Bureau of Prisons, et al., Appellees

Court: United States Court of Appeals, District of Columbia Circuit

Date published: Nov 26, 2007

No. 05-5473 (D.C. Cir. Nov. 26, 2007)

Opinion

No. 05-5473.

Filed on: November 26, 2007.

BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.

PER CURIAM.

ORDER

Upon consideration of the motion to recall the mandate, styled as motion to file out of time due to excusable neglect, it is

ORDERED that the motion be granted and the mandate be recalled. The Clerk of the district court is directed to return this court's mandate issued June 27, 2007. It is

FURTHER ORDERED that appellant show cause, within 30 days of the date of this order, why a certificate of appealability should not be denied and this case dismissed. See 28 U.S.C. § 2253. The response to the order to show cause may not exceed 20 pages. Failure to comply with this order will result in dismissal of the appeal for lack of prosecution.See D.C. Cir. Rule 38. Any response by appellees to appellant's response to this order is due within 15 days of the filing of appellant's response.

The Clerk is directed to send a copy of this order to appellant by whatever means necessary to ensure receipt.

The Clerk is further directed to transmit a copy of this order to the district court.