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United States v. Sherman

United States District Court, W.D. Virginia, Abingdon Division

July 15, 2015

UNITED STATES OF AMERICA,
v.
FRANCIS DAVID SHERMAN, Defendant.

ORDER

JAMES P. JONES, District Judge.

On February 11, 2014, I dismissed defendant Francis David Sherman's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. ยง 2255. United States v. Sherman, No. 1:01CR00039, 2014 WL 550553 (W.D. Va. Feb. 11, 2014). The docket reflects that Sherman acknowledged the dismissal nearly a year later in January 2015. (ECF No. 171.) On February 3, 2015, Sherman filed a Motion to Reopen the 60 Day Time Limit to File a Notice of Appeal Pursuant to Rule 60(b) of Federal Rules of Civil Procedure" (ECF No. 172). In accordance with Federal Rule of Civil Procedure 77(d)(2) and Federal Rule of Appellate Procedure 4(a)(6), it is hereby ORDERED that Sherman's Motion to Reopen (ECF No. 172) must be DENIED as untimely filed.


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