Webb v. Rios

Filing 25

OPINION AND ORDER by District Judge James H. Payne: Plaintiff is directed to provide to this Court within fourteen (14) days a copy of his facility's outgoing mail log for the date he claims he mailed his original notice of intent to appeal.(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
CHRISTOPHER W. WEBB,
Petitioner,
v.
JOE ALLBAUGH, Department
of Corrections Interim Director,
Respondent.

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No. CIV 13-065-JHP-KEW

OPINION AND ORDER
Petitioner’s habeas corpus action was dismissed on April 15, 2016 (Dkt. 19). On May
23, 2016, he filed a notice of intent to appeal to the Tenth Circuit Court of Appeals. (Dkt.
20). He alleges he sent his original notice of intent to appeal on April 25, 2016, but he
received no response from this court. Id. at 1. This court has no record of the alleged
original notice of intent to appeal, and Plaintiff has not provided documentation that the
notice was mailed on April 25, 2016.
On May 24, 2016, the Tenth Circuit entered an Order directing Petitioner to “file a
memorandum brief addressing whether he can establish timely filing of the notice of appeal
. . . .” Webb v. Allbaugh, No. 16-7040, slip op. at 2 (10th Cir. May 24, 2016). Plaintiff was
advised that “the district court may grant extension of time to file notice of appeal or reopen
the time to appeal under certain circumstances.” Id. (citing Fed. R. App. P. 4(a)(5) & (6))
(emphasis in original). On June 8, 2016, Plaintiff filed a motion for extension of time to file
a notice of appeal or to reopen the time to appeal.
ACCORDINGLY, Plaintiff is directed to provide to this Court within fourteen (14)

days a copy of his facility’s outgoing mail log for the date he claims he mailed his original
notice of intent to appeal.
IT IS SO ORDERED this 9th day of June 2016.

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