Friday, February 18, 2011

District courts must address merits of extension before denying 59(e) motion

United States v. West, No. 10-6322 (4th Cir. Feb. 18, 2011):

When a district court denies a Rule 59(e) motion seeking to extend the time for appealing the denial of § 2255 relief, the court must address whether the petitioner demonstrated good cause or excusable neglect.  Failure to do so will result in vacatur and remand for such finding.

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