Washington v. United States of America (INMATE3)
OPINION AND ORDER granting 17 MOTION to Alter Judgment; vacating 15 16 opinion and final judgment; directing the Clerk to mail Washington another copy of the recommendation; granting Washington until 12/9/2011 to file his objections to 14 RECOMMENDATION; referring this case back to the magistrate judge for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/17/2011. (br, ) Modified on 11/17/2011 to clarify text (br, ).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,
) CIVIL ACTION NO.
OPINION AND ORDER
On September 26, 2011, the magistrate judge entered
a recommendation that the 28 U.S.C. § 2255 motion filed
by petitioner Marnail Washington should be denied because
On October 21, 2011, in the wake of
there being no objections filed to the recommendation,
adopting the recommendation.
On November 2, 2011, Washington filed a motion to
alter or amend pursuant to Fed.R.Civ.P. 59(e), in which
he states that he never received a copy of the magistrate
judge's recommendation and that, consequently, he was
denied the opportunity to file timely objections to the
recommendation.* Accordingly, he requests that this court
set aside its final opinion and judgment of October 21,
In light of the foregoing and for good cause, it is
ORDERED as follows:
(1) Petitioner Marnail Washington’s motion to
alter or amend pursuant to Fed.R.Civ.P. 59(e)
(Doc. no. 17) is granted.
*Rule 59(e) provides that, “A motion to alter or
amend a judgment must be filed no later than 28 days
after entry of the judgment.”
motion was date-stamped "received" in this court on
November 10, 2011, the court under the "mailbox rule"
deems his motion filed on the date he delivered it to
prison authorities for mailing, presumptively November 2,
2011, the day that he signed it. See Houston v. Lack,
487 U.S. 266, 271-72 (1988); Washington v. United States,
243 F.3d 1299, 1301 (11th Cir. 2001).
(2) The opinion and final judgment (Doc. nos. 15
& 16) are vacated.
magistrate judge’s recommendation (doc. no. 14).
December 9, 2011, to file his objections to the
recommendation (doc. no. 14).
(5) This case is referred back to the magistrate
judge for further appropriate proceedings.
DONE, this the 17th day of November, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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