Opinion
No. 94 CR 280-1
February 20, 2001
MEMORANDUM ORDER
Ricardo Rivera ("Rivera") has submitted a self-prepared "Motion for Extension of Time to File Motion for Rehearing," asking for additional time to seek reconsideration of this Court's February 1, 2001 memorandum order ("Order"). In the Order, after explaining why Rivera's recently-filed motion for a reduction of his sentence was without merit, this Court concluded by denying his motion.
Because that initial motion in this long-ago-disposed-of case was essentially the institution of a new proceeding (whether characterized as a 28 U.S.C. § 2255 motion or otherwise), its denial via the Order was equally the equivalent of a judgment of dismissal. There is nothing in the Federal Rules of Criminal Procedure (just as there is nothing in the Federal Rules of Civil Procedure) that provides in terms for motions for reconsideration, a concept that derives solely from common law origins. If any effort to seek reconsideration of the Order were to be likened to a Fed.R.Civ.P. ("Rule") 59(e) motion to alter or amend a judgment, this Court would be without power to extend the specified time period by reason of Rule 6(b). If instead the Rules applicable to criminal cases are to be looked at, the motion is not one that qualifies under Fed.R.App.P. ("App. Rule") 4(b)(3), so that the most that this Court could do by way of an extension is to grant Rivera another 30 days within which to file a notice of appeal (see App. Rule 4(b)(4)) beyond a period of 10 days after the entry of the February 1 order (see App. Rule 4 (b)(1)(A)).
This Court grants that last-mentioned relief (a 30-day extension of the right to appeal) on the premise that the current motion's origin in a criminal case makes those rules most appropriate for application (see Rule 12 of the Rules Governing Section 2255 Proceedings for the United States District Courts). But in any event, Rivera should understand that if and when he may choose to tender a further filing asking for reconsideration of the Order, this Court will treat such a request under the appropriate standards.