Dudley (ID 91359) v. Kansas, State of et al

Filing 21

MEMORANDUM AND ORDER ENTERED: The court finds that petitioner has shown that he provided the KDOC with notice of his motion for extension. Signed by U.S. Senior District Judge Sam A. Crow on 09/22/17. Mailed to pro se party James R. Dudley by regular mail. (Attachments: # 1 Inmate Request Form) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JAMES R. DUDLEY,
Petitioner,
v.

CASE NO. 17-3006-SAC

STATE OF KANSAS,
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed by a prisoner
in state custody. It comes before the Court on a limited remand for
the purpose of determining whether the petitioner gave notice to the
Kansas Department of Corrections (KDOC) of his motion to extend the
time to file a notice of appeal, as required by Fed. R. App. P. 4(a)(5).
The Court directed petitioner to provide the Court with a copy
of his inmate request, which he states will show that he notified the
KDOC. Petitioner submitted the notice as directed (Doc. #19, p.3).1
The notice shows that on March 29, 2017, petitioner asked a member
of his Unit Team to transmit a copy of the motion to the KDOC attorney.
Having considered the notice, the Court finds that petitioner has
shown that he provided the KDOC with notice of his motion for
extension.
The Clerk of the Court shall transmit a copy of this order to
the Clerk of the U.S. Court of Appeals for the Tenth Circuit.

1

A copy of the inmate request form is attached.

IT IS SO ORDERED.
DATED:

This 22nd day of September, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge