Opinion
Case No. 3:96cr42/RV.
August 31, 2007
ORDER
Upon consideration of the defendant's response and affidavit filed herein (doc. 253), I find that there is no evidence that Biggins filed, or attempted to file, his notice of appeal in a timely manner. He has offered no explanation of what he did and why it was untimely. Therefore, I conclude that there was no excusable neglect, and that Biggins is not entitled to an extension of time to file his notice of appeal.
DONE AND ORDERED.