Criminal Law Questions? Ask a Criminal Lawyer.
My name isXXXXX a licensed attorney. Glad to try and help out.
I'm pleased to share there is a mechanism in place. Here's how this works. Once a Federal District Court denies a request for a Certificate of Appealability, one must file in the Federal Court of Appeals a Motion for a Certificate of Appealability. Timely filing means within either 28 days of the date the Notice of Appeal was filed or the date the Federal District Court issued the denial (whichever is later in time). In other words, the Federal Court of Appeal cannot act on an appeal from the Federal District Court's denial of a 28 U.S.C. § 2255 motion until the Federal District Court issues its denial. The first triggers the second, so to speak.
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I truly hope all works out for you.
He received a letter saying he had 14 days to apply for a Notice of Appeal. I was going to take it myself to the district court on the 18th, the exact 14 day period from the date the 2255 motion denial was filed.
Do I take his Notice of Appeal to the district court, anyway?
Where would the Federal Court of Appeals be? Would it be in the same building at the district court, or does he mail it to a certain address?
Also, once his Notice of Appeal is filed ($455 charge), how long does he have to submit his actual written appeal?
Thanks so much! You are great!!!
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