Wilkerson v. Hetzell et al

Filing 43

MEMORANDUM OPINION AND ORDER The court adopts and approves the findings and recommendation of the magistrate judge as the findings and conclusions of the court. In accord with the recommendation, the court finds that Wilkerson delivered his stamped, pro se notice of appeal to prison authorities on October 27, 2014. Signed by Judge William M Acker, Jr on 10/13/15. (SAC )

Download PDF
FILED 2015 Oct-13 PM 02:29 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TIMOTHY EARL WILKERSON, Petitioner, v. GARY HETZELL, WARDEN, ATTORNEY GENERAL, STATE OF ALABAMA, Respondents. ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-02169-WMA-JEO MEMORANDUM OPINION AND ORDER This case was remanded by the Eleventh Circuit Court of Appeals “for a factual determination as to when Timothy Wilkerson first delivered his pro se notice of appeal to prison authorities for mailing.” (Doc. 27). The magistrate judge assigned this case conducted an evidentiary hearing and found that Wilkerson delivered his stamped, pro se notice of appeal to prison authorities on October 27, 2014. (Doc. 42). No party has filed any objection to that determination. The court has considered the entire file in this action together with the Magistrate Judge’s Report and Recommendation and has reached an independent conclusion that the Magistrate Judge’s Report and Recommendation is due to be adopted and approved. The court hereby adopts and approves the findings and recommendation of the magistrate judge as the findings and conclusions of the court. In accord with the recommendation, the court finds that Wilkerson delivered his stamped, pro se notice of appeal to prison authorities on October 27, 2014. The Clerk is DIRECTED to serve a copy of this Memorandum Opinion and Order upon counsel of record and to provide a copy of the same to the Eleventh Circuit Court of Appeals. DONE, this the 13th of October, 2015. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?