United States Third Circuit

District court's denial of defendant's motion for an extension of time to file his habeas corpus motion is affirmed, where: 1) a district court has subject matter jurisdiction to rule on a habeas corpus motion for an extension of time before the substantive motion for relief is actually filed because the proceeding is a continuation of the underlying criminal case; 2) defendant failed to show that he diligently pursued his rights and that he was beleaguered by an extraordinary circumstance; but 3) defendant's request for a certificate of appealability is granted.

Appellate Information

• Decided 04/10/2013
• Published 04/10/2013

Judges

• McKEE

Court

• United States Third Circuit

Counsel