Stone v. Epps

Filing 37

ORDER re 36 USCA Order. Signed by Magistrate Judge Roy Percy on 10/24/17. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION TED STONE PETITIONER V. NO. 1:14CV147-DMB-RP CHRISTOPHER B. EPPS RESPONDENT ORDER This matter was remanded to the district court to determine the timeliness of the petitioner’s notice of appeal. The court cannot make such a determination without additional information concerning when the petitioner delivered the notice of appeal to prison officials for mailing. Therefore the parties are directed to submit mail logs, affidavits, and/or additional information relevant to the timeliness determination within thirty (30) days of the date of this order. SO ORDERED this the 24th day of October, 2017. /s/ Roy Percy UNITED STATES MAGISTRATE JUDGE

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