Opinion
07 C 7196.
March 3, 2009
MEMORANDUM ORDER
This Court's February 3, 2009 memorandum opinion and order dismissed the pro se petition that had been brought by Xavier Edward ("Edwards") under 28 U.S.C. § 2254, seeking to obtain federal habeas relief against the state court conviction on which he is now serving a custodial sentence. On February 27 this District Court's Clerk's Office received Edwards' motion for an extension of time within which to file a notice of appeal from that dismissal. Edwards has asserted a good cause for such an extension, as required by Rule 4(a)(5)(A)(ii): At Pinckneyville Correctional Center, where he is incarcerated, he is allowed only limited access to the prison law library.
Although Edwards' motion refers to March 3 as the last day for filing the notice, that fails to take into account the fact that February is only a 28-day month. Thus the 30-day period for filing the notice (see Fed.R.App.P. ("Rule") 4(a)(1)(A)) runs out on March 5 rather than March 3.
This Court therefore grants Edwards' motion for an extension of 30 days, which would bring the date to April 4 in calendar terms but actually permits a filing by April 6 because April 4 is a Saturday. This grant of an extension does not of course address the question whether Edwards will be entitled to a certificate of appealability once he perfects his appeal.