Stone v. Epps

Filing 42

ORDER denying 41 Motion to Compel. Signed by Magistrate Judge Roy Percy on 11/6/17. (cr)

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
Before the court is a “Motion to Compel” filed by Petitioner, Ted Stone, in which he asks
the court to order the Inmate Legal Assistance Program (“ILAP”) to notarize an affidavit and
mail his response to this court. See Doc. #41. Stone purportedly seeks this assistance to respond
to an Order from this court that he “submit mail logs, affidavits, and/or additional information”
pertaining to the timeliness of his notice of appeal. See, e.g., Doc. #37.
The court is perplexed as to why Stone could not simply mail his supporting documents
along with the instant motion, which was filed contemporaneously with his “Interim Response”
to the court’s order. See Doc. #40. Moreover, it finds that an affidavit is not required for Stone
to submit information to the court, as he may submit a declaration under penalty of perjury
pursuant to 28 U.S.C. § 1746. Therefore, the instant motion [41] is DENIED. Stone is
ORDERED to submit a declaration setting forth the date that his notice of appeal was deposited
in the prison’s mail system for mailing to this court within ten (10) days of the date of this Order.
SO ORDERED this the 6th day of November, 2017.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE