Opinion
10-CR-30004-WDS
09-10-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN A. BARNES, Defendant.
ORDER
STIEHL, District Judge:
Defendant, John A. Barnes, has filed a pro se motion for leave to file late notice of appeal (Doc. 53) to which the government has filed a response (Doc. 54). The defendant's motion, although it claims not to be a petition for habeas review, is in effect one which seeks habeas relief. The Court notes that the defendant has sought, in a separate civil action, habeas review (See, Barnes v. United States, 11-CV-1082). Accordingly, the Court DENIES the motion for leave to file late notice of appeal.
The Court also notes that the defendant, at the time of his plea, waived his right to file an appeal.
IT IS SO ORDERED.
WILLIAM D. STIEHL
DISTRICT JUDGE