Ira Leon v. State of Nebraska ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-3538
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Ira R. Leon
lllllllllllllllllllllPetitioner - Appellant
v.
State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections
lllllllllllllllllllllRespondents - Appellees
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No. 16-3826
___________________________
Ira R. Leon
lllllllllllllllllllllPetitioner - Appellant
v.
State of Nebraska; Scott Frakes, Director of the Nebraska Department of Corrections
lllllllllllllllllllllRespondents - Appellees
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Appeals from United States District Court
for the District of Nebraska - Omaha
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Submitted: May 8, 2017
Filed: May 19, 2017
[Unpublished]
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Before WOLLMAN, BOWMAN, and RILEY, Circuit Judges.
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PER CURIAM.
In his 28 U.S.C. § 2254 case, Ira Leon appeals the district court’s1 orders
(1) denying his Federal Rule of Appellate Procedure 4(a)(6) motion to reopen the
time to appeal, and (2) denying his Federal Rule of Civil Procedure 60 motion to
reopen the judgment denying habeas relief to restart the appeal clock. The district
court correctly determined that Leon did not meet the requirements for relief under
Rule 4(a)(6), see Fed. R. App. P. 4(a)(6) (providing a district court may reopen the
time to file an appeal only if, inter alia, the motion to reopen is filed within 180 days
of the entry of the order being appealed or within 14 days after the movant receives
notice of entry, whichever is earlier), or under Rule 60(b), see Fox v. Brewer, 620
F.2d 177, 180 (8th Cir. 1980) (holding that a belated filing of a Rule 60(b) motion
cannot be used to circumvent jurisdictional time limits for appellate review). We
decline to issue a certificate of appealability, see United States v. Rinaldi, 447 F.3d
192, 195 (3d Cir. 2006); United States v. Lambros, 404 F.3d 1034, 1036 (8th Cir.
2005) (per curiam), and dismiss the appeals.
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1
The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
-2-