Opinion
Case No. 00-cr-114; 04-cv-00169.
November 30, 2006
OPINION AND ORDER
This matter comes before the court on remand from the United States Court of Appeals for the Sixth Circuit for the limited purpose of determining whether the Defendant's May 5, 2006 Motion for a Certificate of Appealability ("Defendant's Motion") can be treated as a Fed.R.App.P. 4(a)(6) motion to reopen the appeal period in order for the appellant to file a notice of appeal and if so whether the court will grant Defendant's Motion.
This Court holds that Defendant's Motion is a Fed.R.App.P. 4(a)(6) motion to reopen the appeal period such that the Defendant may file a notice of appeal. As such, the Court will now rule on Defendant's Motion and determine whether Defendant is procedurally allowed to appeal this Court's denial of Defendant's motion for recusal. Defendant's Motion is hereby GRANTED.
IT IS SO ORDERED.