Loeber v. Rader et al

Filing 29

OPINION Adopting 27 Report and Recommendations of the U.S. Magistrate Judge. The Court certifies to the USCA for the Fifth Circuit that the petitioner has failed to show that he placed his notice of appeal into the prison's internal mail system on or before June 16, 2010. Clerk for LAMD shall send a copy of the Court's opinion, the Magistrate's R&R and the pla's opposition, to the Clerk for USCA. Signed by Judge Frank J. Polozola on 9/15/10. (BP, )

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA STEPHEN LOEBER(#87251) VERSUS WARDEN STEVE RADER CIVIL ACTION NUMBER 08-346-FJP-DLD OPINION This matter is before the Court on remand from the Fifth Circuit Court of Appeals to determine whether plaintiff timely filed a notice of appeal. After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed, the Court certifies to the United States Court of Appeals for the Fifth Circuit that the petitioner has failed to show that he placed his notice of appeal into the prison's internal mail system on or before June 16, 2010. Therefore: The Clerk of Court for the Middle District of Louisiana shall file a copy of the Court's opinion, the Magistrate Judge's Report and plaintiff's opposition thereto with the Clerk of Court for the Fifth Circuit Court of Appeals. Baton Rouge, Louisiana, September 15, 2010. S FRANK J. POLOZOLA Doc#46925 C: USCA with requested documents MIDDLE DISTRICT OF LOUISIANA

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