Ross v. Corrections et al

Filing 35

MEMORANDUM RULING that pursuant to the Order of the Fifth Circuit Court of Appeal (R. #25) dated April 20, 2016, an evidentiary hearing was conducted by the undersigned on this date. After considering the testimony and documentary evidence introduced by the plaintiff and arguments by plaintiff and counsel for defendants, the court has determined that the Notice of Appeal by plaintiff, Ross was deposited at Avoyelles on November 11, 2015, which was two days past the time specified of said notice. Documents filed on October 29, 2015 and earlier in November clearly pertain to the Notice of Intent to Seek Writs (R. #15) from District Court. This would not have enlarged the time for filing petitioner's notice of appeal which was obviously u ntimely. Accordingly, it is ORDERED that the Clerk send a copy of this Memorandum Ruling to the Fifth Circuit Court of Appeal as part of its record in its docket number 15-31013 entitled Ira Ross v. Louisiana Dept. of Corr., et al USDC No. 1:15-cv-1943. Signed by Judge James T Trimble, Jr on 4/27/16. (crt,WalkerSld, B)