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Chapman v. United States

United States District Court, S.D. Illinois

March 4, 2014

RONDALE LEE CHAPMAN, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. No. 11-cr-40031-JPG

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

Pursuant to Federal Rule of Appellate Procedure 22(b)(1), the Court construes Chapman's notice of appeal (Doc. 22) as a request for a certificate of appealability. See Ouska v. Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). A § 2255 petitioner may not proceed on appeal without a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Ouska, 246 F.3d at 1045. A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke, 542 U.S. 274, 282 (2004); Ouska, 246 F.3d at 1045.

In this case, the Court denied Chapman's § 2255 motion from the bench at a February 6, 2014, hearing and indicated a written order explaining the Court's reasons for its oral ruling would follow. Chapman filed a notice of appeal before the Court could issue that written order and judgment. Thus, his notice of appeal is premature. However, pursuant to Federal Rule of Appellate Procedure 4(a)(2), a notice of appeal filed after the Court announces its ruling but before entry of final judgment will spring into effect when that judgment is entered. For this reason, the Court RESERVES RULING on Chapman's implied request for a certificate of appealability until it issues its final order and judgment. The Court DIRECTS the Clerk of Court to send a copy of this order to the Court of Appeals in connection with Appeal No. 14-1407.

IT IS SO ORDERED.


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