(HC) Simms v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE SIMMS, Case No. 2:21-cv-0035-DJC-JDP (P) Petitioner, v. ORDER JEFF LYNCH, Respondent. 16 17 Petitioner, a state prisoner, brought this action under section 2254. ECF No. 1. On October 10, 2023, I recommended that his petition be denied on the merits. ECF No. 36. The district judge adopted those recommendations over petitioner’s objections, ECF No. 37, on December 1, 2023, and judgment was entered the same day. ECF Nos. 38 & 39. Petitioner did not file a timely appeal. Then, nearly a year later, on September 3, 2024, petitioner moved for permission to file a late appeal. ECF No. 40. In a one-paragraph filing, he contends that he mailed the forms necessary to submit an appeal in November 2023, but did not receive an acknowledgement. Id. at 1. His motion for a late appeal is denied. Under 28 U.S.C. § 2107(a), a litigant must file their notice of appeal within thirty days of the entry of judgment. If a…