Johnson v. Henderson

Filing 32

ORDER regarding 31 USCA Order, 26 Notice of Appeal: Based on the limited evidence now before it, the Court concludes that the Petitioner delivered the documents in question to prison officials for forwarding to this Court on March 11, 2011. Ordered by Judge Marc Thomas Treadwell on 7/19/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JOHNNY JOHNSON,
Petitioner,
v.
RIVERS SP WARDEN,

Respondent.

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CIVIL ACTION NO. 5:07-CV-454(MTT)

ORDER
This matter is before the Court on the order of the United States Court of Appeals
for the Eleventh Circuit remanding to this Court for the limited purpose of determining
when the Petitioner’s affidavit in support of his motion for leave to appeal in forma
pauperis was delivered to prison officials for forwarding to this Court. The Petitioner’s
March 8, 2011 letter, in which he acknowledges that he has not yet mailed the
documents and that he may be late or out of time on his appeal, establishes that as of
March 8, 2011, the documents had not been delivered to prison officials for mailing.
(Doc. 25-1 at 2). That letter is stamped, “RECEIVED MAR 09 2011 GSP INMATE
ACCOUNTS,” therefore showing that prison officials received at least some of the
Petitioner’s documents on March 9, 2011. Thus, the earliest date that prison officials
could have received the Petitioner’s documents for forwarding to this Court was March
9, 2011. However, the Petitioner himself signed and dated several of the documents on
March 11, 2011. (Doc. 26 at 4-5). Because the Petitioner had to sign and date the
documents before delivering them to prison officials for mailing, it is more likely that

March 11, 2011 is the appropriate date. Accordingly, based on the limited evidence
now before it, the Court concludes that the Petitioner delivered the documents in
question to prison officials for forwarding to this Court on March 11, 2011.
SO ORDERED, this 19th day of July, 2011.

s/Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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