Opinion
Cause No. 3:04-CR-58(01)RM.
October 6, 2005
OPINION and ORDER
On September 21, Exavier McCaster filed three motions: a motion to reopen the time to file his notice of appeal, a motion for appointment of counsel for his direct appeal, and a motion to proceed in forma pauperis. Pursuant to Fed.R.App.P. 4(b)(4), the court may "extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b)." Mr. McCaster's time to file a notice of appeal expired on June 18, 2005, so the court has no power to extend his time into September, more than three months past the time period provided for by law.
Because it appears that Mr. McCaster's motions all revolve around his notice of appeal, the court DENIES the motion for extension of time as beyond the court's power [Doc. No. 50]; DENIES the motion to proceed in forma pauperis as moot [Doc. No. 51]; and DENIES the motion for appointment of counsel as moot [Doc. No. 52]. Because Mr. McCaster asserts certain arguments regarding the effectiveness of his retained counsel, the court notes that a 28 U.S.C. § 2255 petition is available for Mr. McCaster upon request to the clerk's office.
SO ORDERED.