IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 10, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
JOHN A. BARNES, DEFENDANT.
The opinion of the court was delivered by: Stiehl, District Judge:
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 DISTRICT JUDGE