Johnson v. Outlaw et al

Filing 17

ORDER for Petitioner to Provide Documentation Regarding when he Presented his Notice of Appeal to Prison Officials for Mailing. Signed by Magistrate Judge Jane M. Virden on 3/9/2021. (cb)

Case: 4:17-cv-00117-DMB-JMV Doc #: 17 Filed: 03/09/21 1 of 1 PageID #: 1208

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
DEXTER JOHNSON,

PETITIONER

v.

No. 4:17CV117-DMB-JMV

WARDEN TIMOTHY OUTLAW, ET AL.

RESPONDENTS

ORDER FOR PETITIONER TO PROVIDE DOCUMENTATION
REGARDING WHEN HE PRESENTED HIS NOTICE OF APPEAL
TO PRISON OFFICIALS FOR MAILING
This matter comes before the court on remand from the Fifth Circuit Court of Appeals for a
determination of the timeliness of the petitioner’s Notice of Appeal. The final day for the petitioner to
file a timely Notice of Appeal was December 30, 2020. His pro se Notice of Appeal is dated
December 14, 2020, but it is stamped filed on January 8, 2021. A prisoner’s pro se notice of appeal is
timely filed if deposited in the institution’s internal mail system on or before the last day for filing.
See Fed. R. App. P. 4(c)(1).
The petitioner is ORDERED to file with the court documentation regarding the date he
presented his Notice of Appeal to prison officials for mailing. The deadline for filing such
documentation is 21 days from the date of this order.
SO ORDERED, this, the 9th day of March, 2021.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE