Legal Opinion

Brian Lee Flowers v. Tom Roy

Court of Appeals for the Eighth Circuit

Decided March 4, 2015No. 14-2464, 14-2465Unpublished

1Per curiam

The district court 1 granted Brian Lee Flowers relief under 28 U.S.C. § 2255. Forty-one days after the district court entered judgment, Minnesota Commissioner of Corrections Tom Roy filed both a motion for an extension of time to file a notice of appeal and a notice of appeal. The district court denied Roy’s motion, finding neither excusable neglect nor good cause warranting an extension of the thirty-day deadline. Roy now appeals both the grant of relief under § 2255 (No. 14-2464) and the denial of his motion for an extension of time to file a notice of appeal (No. 14-2465).

We review for…

2Cases cited5 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Bowles v. RussellSupreme Court of the United States · 2007
  3. Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
  4. Treasurer, Trustees of Drury Industries, Inc. Health Care Plan & Trust v. GodingCourt of Appeals for the Eighth Circuit · 2012
  5. Ernest Cobbett v. United StatesCourt of Appeals for the Eighth Circuit · 1994

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