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United States of America v. John A. Barnes

September 10, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN A. BARNES, DEFENDANT.



The opinion of the court was delivered by: Stiehl, District Judge:

ORDER

Defendant, John A. Barnes, has filed a pro se motion for leave to file late notice of appeal (Doc. 53) to which the government has filed a response (Doc. 54). The defendant's motion, although it claims not to be a petition for habeas review, is in effect one which seeks habeas relief. The Court notes that the defendant has sought, in a separate civil action, habeas review (See, Barnes v. United States, 11-CV-1082). Accordingly, the Court DENIES the motion for leave to file late notice of appeal.*fn1

IT IS SO ORDERED.

WILLIAM D. STIEHL ...


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