Powell v. U.S.

Full title: JOSEPH POWELL, Movant, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, S.D. New York

Date published: Oct 28, 2005

Nos. 05 Civ. 8163 (LAK), 03 Crim. 10069-06 (LAK) (S.D.N.Y. Oct. 28, 2005)

Opinion

Nos. 05 Civ. 8163 (LAK), 03 Crim. 10069-06 (LAK).

October 28, 2005

ORDER

LEWIS KAPLAN, District Judge

Movant seeks an enlargement of time within which to move, pursuant to Rule 59(e), to alter or amend the Court's September 30, 2005 order denying his Section 2255 motion.

Rule 59(e) requires the filing of such a motion within 10 days after entry of the judgment. Rule 6(b), the source of district courts' authority in civil cases to grant extensions of time, specifically prohibits extensions of time for Rule 59(e) and certain other motions "except to the extent and under the conditions stated in them." As Rule 59(e) makes no provision for extensions, district courts lack authority to extend the time for such motions. Spurgeon v. Delta S.S. Lines, Inc., 387 F.2d 358, 359 (2d Cir. 1967).

Accordingly, the motion for an enlargement of time is denied.

SO ORDERED.