Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
Nos. 1:20-cr-00775-1; 1:22-cv-00454—Patricia A. Gaughan, Chief District Judge.
Decided and Filed: November 14, 2022
Before: BOGGS, THAPAR, and READLER, Circuit Judges.
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OPINION
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On September 13, 2022, eighty-three days after the district court entered judgment
denying his 28 U.S.C. § 2255 motion, Joseph Reho, proceeding pro se, moved for an extension
of time to apply for a certificate of appealability and to proceed in forma pauperis on appeal. If
Reho’s motion was a notice of appeal, it was three weeks late, and we must dismiss for lack of
jurisdiction. See 28 U.S.C. § 2107(b)(1); Fed. R. App. P. 4(a)(1)(B)(i). But Reho’s motion,
which repeatedly asks for an extension of time, is better construed as a motion for extension of
time to file a notice of appeal. See 28 U.S.C. § 2107(c); Fed. R. App. P. 4(a)(5)(A).
Accordingly, we remand for the district court to consider whether to grant Reho’s motion. |