United States District Court, N.D. Illinois
February 5, 2004.
The opinion of the court was delivered by: PHILIP REINHARD, District Judge
MEMORANDUM OPINION AND ORDER
Timothy Kato, a federal prisoner, has filed a motion for an extension
of time to file a notice of appeal pursuant to Fed.R.App.P. 4(a)(5)
and a "memorandum as to certificate of appealability." The court
considers the memorandum as a motion for a certificate of appealability.
The court grants Kato's motion for leave to file a late notice of
appeal. Due to Kato being pro se and the confusing nature of the timing of
the various orders entered and motions filed in this case pertaining to
the denial of Kato's section 2255 motion and his "motion for rehearing,"
the court finds excusable neglect and good cause to allow a late notice
of appeal as to both the denial of the section 2255 motion and the
"motion for rehearing."
As for the motion for a certificate of appealability, the court denies
it as there has been no substantial showing of the denial of a
constitutional right as to either the denial of the section 2255 motion
or the denial of the "motion for rehearing."
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