Caldwell v. Roberts

Filing 57

ORDER: The Court ORDERS Petitioner to file a statement explaining any attempt to file a notice of appeal in this case by November 22, 2017, and ORDERS Respondent to file a statement describing correspondence received from Petitioner regarding a notice of appeal, with copies of such correspondence, by November 22, 2017. Signed by Honorable Richard M Gergel on 10/31/2017. (mwal)

IN THE UNITED ST ATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION

Nathaniel Caldwell, III,
Petitioner,
v.

Warden Roberto Roberts,
Respondent.

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Civil Action No. 1:14-4277-RMG

ORDER

This matter is before the Court on a limited remand from the United States Court of Appeals
for the Fourth Circuit, directing this Court to determine whether Petitioner filed a timely notice of
appeal. On February 21 , 2017, the Fourth Circuit received a letter from Petitioner claiming that
he had timely filed his notice of appeal on November 7, 2016 by giving it to prison authorities for
mailing on that date, with attached correspondence from the S.C. Attorney General's office
confirming that office received a copy of his notice of appeal in November. The Court ORDERS
Petitioner to file a statement explaining any attempt to file a notice of appeal in this case by
November 22, 2017, and ORDERS Respondent to file a statement describing correspondence
received from Petitioner regarding a notice of appeal, with copies of such correspondence, by
November 22, 2017. Petitioner shall mail documents to the Court only at the below address:
U.S. District Court for the District of South Carolina
901 Richland Street
Columbia, South Carolina 29201.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court Judge
October ~' 2017
Charleston, South Carolina

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