Stone v. Epps

Filing 42

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

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