United States District Court, D. Maine
ORDER ON PETITIONER'S MOTION TO REOPEN TIME TO
C. NIVISON U.S. MAGISTRATE JUDGE
October 12, 2018, the Court affirmed the Recommended Decision
on Petitioner's motion for relief pursuant to 28 U.S.C.
§ 2255 and dismissed Petitioner's motion with
prejudice. (Order, ECF No. 281.) More than a year later, on
October 25, 2019, Petitioner filed a notice of appeal and a
document the Court construed as a motion to reopen the time
to file an appeal. (Motion, ECF No. 283.) In his filing,
Petitioner contends he had been in a special housing unit in
prison and did not learn of the Court's dismissal of the
section 2255 motion until the date of his motion - October
20, 2019. (Motion at 1.)
motion is governed by Federal Rule of Appellate Procedure
4(a)(6), which provides:
The district court may reopen the time to file an appeal for
a period of 14 days after the date when its order to reopen
is entered, but only if all the following conditions are
(A) the court finds that the moving party did not receive
notice under Federal Rule of Civil Procedure 77(d) of the
entry of the judgment or order sought to be appealed within
21 days after entry;
(B) the motion is filed within 180 days after the judgment or
order is entered or within 14 days after the moving party
receives notice under Federal Rule of Civil Procedure 77(d)
of the entry, whichever is earlier; and
(C) the court finds that no party would be
4(a)(6) establishes an ‘outer limit' of 180 days
for the filing of [a motion to reopen].” Couture v.
United States, 620 F.Supp.2d 155, 157 (D. Mass. May 15,
2009) (denying request to reopen the time to file appeal of
dismissal of 28 U.S.C. § 2255 motion); see
also, Hudson v. Dipaolo, 179 Fed. App'x 705
(1st Cir. 2006) (denying request to reopen after 180 days in
prisoner §1983 case). In this case, Petitioner filed his
request more than 180 days from the entry of judgment.
Accordingly, the Court denies Petitioner's motion to
reopen the appeal period.
objections to this Order shall be filed in accordance with
Federal Rule of Civil Procedure 72.
 Rule 4(a)(6) is in accord with 28
U.S.C. § 2107(c), which ...