Graves v. McCain et al
Filing
23
ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS. ORDERED the United States Fifth Circuit Court of Appeals is hereby notified that the records of the B.B. Sixty Rayburn Correctional Center establish that the petitioner, Stephon Graves presented his C ertificate of Appealability, later treated as a Notice of Appeal, to prison officials for mailing to the United States Fifth Circuit on December 23, 2016.FURTHER ORDERED that, pursuant to the remand order, this case is hereby returned to the United States Fifth Circuit Court of Appeal for further proceedings, or dismissal, as may be appropriate. Signed by Judge Martin L.C. Feldman on 7/5/2017.(cc: 5th Circuit) (clc)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STEPHON GRAVES
CIVIL ACTION
VERSUS
NO. 16-0520
W.S. MCCAIN, WARDEN, RAYBURN
CORRECTIONAL CENTER
SECTION “F”(4)
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and the failure of any party to file an
objection to the Magistrate Judge=s Report and Recommendation, hereby approves the Report and
Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter.
Therefore,
IT IS ORDERED the United States Fifth Circuit Court of Appeals is hereby notified that
the records of the B.B. “Sixty” Rayburn Correctional Center establish that the petitioner, Stephon
Graves presented his “Certificate of Appealability,” later treated as a Notice of Appeal, to prison
officials for mailing to the United States Fifth Circuit on December 23, 2016.
IT IS FURTHER ORDERED that, pursuant to the remand order, this case is hereby
returned to the United States Fifth Circuit Court of Appeal for further proceedings, or dismissal,
as may be appropriate.
July
5th
New Orleans, Louisiana, this ____ day of _________________________, 2017.
___________________________________
UNITED STATES DISTRICT JUDGE
CLERK OF COURT TO FORWARD COPY
TO THE UNITED STATES FIFTH CIRCUIT
COURT OF APPEALS
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