Opinion
Nos. 1:94-CR-00051, 1:97-CV-01073.
August 1, 2006
OPINION AND ORDER
This matter is before the Court on Petitioner's Motion to Construe Second Motion for Reconsideration as Notice of Appeal of Judgment entered on April 18, 2006 and as Motion to Proceed on Appeal Without Cost and for Appointment of Counsel on Appeal (doc. 192), The Government's Response (doc. 193), and Petitioner's Reply (doc. 194).
Petitioner moves the Court to construe his second motion for reconsideration as a Notice of Appeal, and if granted, wishes the Court to appoint counsel to pursue an appeal, without costs (doc. 192). The government objects, arguing that the Rules do not provide for such an untimely appeal, and that under Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), Petitioner is not entitled to proceed in forma pauperis or to the appointment of counsel on collateral attacks of his conviction and sentence (doc. 193). Petitioner's reply reiterates his position (doc. 194).
Having reviewed this matter, the Court finds the government's position well taken. Petitioner has no basis for the relief he requests. Accordingly, the Court DENIES Petitioner's Motion to Construe Second Motion for Reconsideration as Notice of Appeal of Judgment entered on April 18, 2006 and as Motion to Proceed on Appeal Without Cost and for Appointment of Counsel on Appeal (doc. 192).
SO ORDERED.