Opinion
No. 08-3015.
May 2, 2008.
BEFORE: Henderson and Rogers, Circuit Judges
ORDER
Upon consideration of the motion for leave to proceed in forma pauperis; and the motion seeking permission to appeal nunc pro tunc, it is
ORDERED that the motion for leave to proceed in forma pauperis be granted. It is
FURTHER ORDERED, on the court's own motion, that the motion seeking permission to appeal nunc pro tunc be transferred to the district court for consideration, in conjunction with petitioner's application for leave to appeal nunc pro tunc, filed in the district court on January 10, 2008, whether (1) the provisions of Fed.R.App.P. 4(a) apply to the petitioner's appeal, cf. United States v. Johnson, 254 F.3d 279, 283-85 (D.C. Cir. 2001) (holding the provisions of Fed.R.App.P. 4(a) apply to appeals from § 2255 proceedings); and (2) if so, whether the district court's August 15, 2007 order complies with Fed.R.Civ.P. 58, which requires that a judgment be set forth in a separate document so as to start the time period to appeal; and (3) if so, whether petitioner qualifies for relief under Fed.R.App.P. 4(a)(6).
The Clerk is directed to send a copy of this order and the original of petitioner's motion seeking permission to appeal nunc pro tunc to the district court.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.