SERWAN MIZORI v. UNITED STATES OF AMERICA - Articles

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SERWAN MIZORI v. UNITED STATES OF AMERICA

Posted by: Karen Belcher on Jan 20, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: John James Snidow, WILKINSON WALSH LLP, Washington, D.C., for Appellant.

Attorneys 2: ARGUED: Nicola Cohen, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Attorneys 3: ON BRIEF: John James Snidow, WILKINSON WALSH LLP, Washington, D.C., for Appellant.

Attorneys 4: ON BRIEF: Nicola Cohen, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Jennifer McManus, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Judge(s): BATCHELDER, KETHLEDGE, and THAPAR, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Western District of Michigan at Grand Rapids

KETHLEDGE, Circuit Judge. Serwan Mizori appeals the district court’s order denying his motion under Federal Rule of Appellate Procedure 4(a)(5) for an extension of time to file a notice of appeal as to the court’s earlier order denying his motion under 28 U.S.C. § 2255. We hold that Mizori does not need a certificate of appealability to appeal the denial of his Rule 4(a)(5) motion and that the district court abused its discretion by denying that motion.

The district court’s October 16, 2019 order is reversed, and the case is remanded for the limited purpose of allowing Mizori to file a notice of appeal of the court’s July 17, 2019 order denying his § 2255 motion. See Fed R. App. P. 3(a)(1), 4(a). Our court will then determine whether Mizori is entitled to a certificate of appealability as to that order. See 28 U.S.C. § 2253(c).

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