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 )

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.

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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

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