United States v. White

In these consolidated appeals, Anthony Chatane White seeks to appeal (1) the district court’s order denying his motion to extend the time to file a motion under 28 U.S.C. § 2255 (2000), based upon equitable tolling (No. 07-6513), and (2) the court’s order denying his § 2255 motion, in which he challenged the amended criminal judgment (No. 07-7095). With regard to the appeal in No. 07-6513, we find that, because White did not actually file a § 2255 motion challenging the original judgment of conviction, he is not required to obtain a certificate of appealability to appeal the district court’s…