Thompson v. Thompson et al

Filing 24

ORDER directing Respondents to present the Court with a copy of the prison log or other available evidence that sets forth the date on which Petitioner delivered his notice of appeal to prison officials for forwarding. Signed by Judge B. Avant Edenfield on 9/13/2010. (loh)

Thompson v. Thompson et al

Doc. 24

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

This 13th day of September 2010.

? DION A. THOMPSON, Petitioner, v. 4:09-cv-144
B AVANT PDENFIELØ, JUDGE UNFED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

DANNIE THOMPSON, Warden, THE ATTORNEY GENERAL OF THE STATE OF GEORGIA Respondents. ORDER

The Court of Appeals has remanded this case to the Court, sua sponte, "for the limited purpose of determining when Dion A. Thompson's notice of appeal ... was delivered to prison officials for forwarding to the district court." Apparently, Petitioner dated his notice of appeal April 18, 2010 ­ exactly one day before the order and judgment he wishes to appeal were entered. Regardless of the date it carries, notice of appeal is considered "filed with the district court" under Fed. R. App. P. 4(a)(1) "at the time [a] petitioner deliver[s] it to ... prison authorities for forwarding to the court clerk." Houston v. Lack, 487 U.S. 266, 276 (1988). Respondents are therefore ordered to present the Court with a copy of the prison log or other available evidence that sets forth the date on which Petitioner delivered his notice of appeal to prison officials for forwarding.

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