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GILLIS v. U.S.

No. 12-3397.

729 F.3d 641 (2013)

Torrence GILLIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

September 9, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Edward F. Feran , United States Attorney's Office, Cleveland, Ohio, for Appellee. Torrence Gillis, Bruceton Mills, West Virginia, pro se.

Before: SILER and ROGERS, Circuit Judges; BERTELSMAN, District Judge.

OPINION

ROGERS, Circuit Judge.

This appeal, brought by a prisoner proceeding pro se, involves a series of delayed and untimely filings. Even though Torrence Gillis did not file his appeal for 201 days, there is appellate jurisdiction because when a district court fails to issue a separate judgment in denying a 28 U.S.C. § 2255 motion, a petitioner effectively has 210 days to submit an appeal. However, the district court properly dismissed Gillis's ...

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