Opinion
05-CR-1077 (RA)
11-16-2021
UNITED STATES OF AMERICA v. MUSTAFA OZSUSAMLAR, Defendant.
ORDER
RONNIE ABRAMS, United States District Judge:
On October 20, 2021, the Court denied Mr. Ozsusamlar's pro se motion for reconsideration of the Court's previous denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Dkts. 148, 157. On November 5, 2021, the Court received a letter from Mr. Ozsusamlar, which was dated and signed October 28, 2021, in which he wrote, “I believe I have [the] right to appeal” and requested the Court to “docket[ his] timely appeal request.” Dkt. 158. He states that his ground for appeal is ineffective assistance of counsel because he was not represented in his reconsideration motion.
The Court hereby construes Mr. Ozsusamlar's letter as a notice of appeal of the Court's October 20, 2021 Order. See Marvin v. Goord, 255 F.3d 40, 42 n.1 (2d Cir. 2001) (per curiam) (explaining that pro se notices of appeal are construed liberally). Although the notice was not filed on the Court's docket until November 5, 2021-more than two weeks after the date of the Order-it is timely because Mr. Ozsusamlar's notice of appeal is dated October 28, 2021, which is within the fourteen-day appeal period. Fed. R. App. P. 4(c)(1) (providing that an incarcerated individual's notice of appeal is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing); Hardy v. Conway, 162 Fed.Appx. 61, 62 (2d Cir. 2006) (“[I]n the absence of contrary evidence, district courts in this circuit have tended to assume that prisoners' papers were given to prison officials [for mailing] on the date of their signing.”).
If Mr. Ozsusamlar cannot afford to pay the $500 docket fee and $5.00 processing fee, he may move to proceed in forma pauperis. The Court has attached to this Order a form “Motion for Leave to Proceed In Forma Pauperis on Appeal, ” which Mr. Ozsusamlar may complete and submit to the Court if he wishes to proceed in forma pauperis, and an information packet about appealing to the Second Circuit.
The Clerk of Court is respectfully directed to mail a copy of this Order and attached forms to Mr. Ozsusamlar at the following address:
Mustafa Ozsusamlar, BOP Number 18188-050
FCI HazeltonP.O. Box 5000
Bruceton Mills, WV 26525
SO ORDERED.