Smith v. Owens et al

Filing 51

ORDER directing Clerk to return record, as supplemented, to the Eleventh Circuit. Ordered by U.S. District Judge HUGH LAWSON on 1/22/2014. (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 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 initially
provided his Rule 60 motion (Doc. 30) to prison authorities for mailing.
Based on information provided to the Court by counsel for Defendants, it
appears that Plaintiff received notice of this Court’s order denying his Rule 60
motion on March 7, 2013. Therefore, this Court determines that, under Federal
Rule of Appellate Procedure 4, Plaintiff merits an extension of the appeal period
from the order denying his Rule 60 motion.

Furthermore, also based on information provided by counsel for
Defendants, this Court determines that Plaintiff delivered his Rule 60 motion to
prison authorities for mailing on December 16, 2012.
The Clerk of Court is directed to return the record, as supplemented, to the
Eleventh Circuit for further proceedings.

SO ORDERED, this the 22nd day of January, 2014.

s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

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