Smith v. Owens et al

Filing 48

ORDER directing Defendants to provide Court with information not later than 1/21/2014. Ordered by U.S. District Judge Hugh Lawson on 1/7/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

DONALD FRANK SMITH,
Plaintiff,
v.

Civil Action No. 7:12-CV-23 (HL)

DEPARTMENT OF CORRECTIONS
VALDOSTA STATE PRISON, et al.,
Defendants.

ORDER
The United States Court of Appeals for the Eleventh Circuit has remanded
this case for the limited purpose of determining when two events occurred: the
date on which Plaintiff Donald Smith received notice of this Court’s order of
January 18, 2013 (Doc. 36) denying, inter alia, his Rule 60 motion and the date
on which he provided his initial Rule 60 motion (Doc. 30) to prison authorities for
mailing. The Court appreciates the initiative counsel for Defendants took in
providing the information relating to Plaintiff’s receipt of mail from January 25 to
March 7, 2013, but the Eleventh Circuit’s remand also directed this court to
determine the date on which Plaintiff provided his initial Rule 60 motion to prison
authorities for mailing. The motion contains two dates, only one of which would
have been timely to toll the period for appealing the November 6 judgment.

Therefore, counsel for Defendants is directed to contact prison officials at
Wilcox State Prison, or the appropriate officials with the Georgia Department of
Corrections, and provide the Court with the mail log, or other relevant evidence,
showing when Plaintiff delivered his Rule 60 motion to prison officials for filing.
This information is to be provided to the Court on or before January 21, 2014.

SO ORDERED, this the 7th day of January, 2014.

s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

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