Walker v. Thaler, Director TDCJ-CID

Filing 54

Order Accepting 52 Findings and Recommendations. The court grants Petitioner's "motion for finding of excusable neglect or good cause for filing the notices of appeal late"; extends Petitioners deadline to appeal under Fed. R. App. 4(b)(5) to 6/1/2015 and 6/19/2015 such that his 6/1/2015 and 6/19/2015 notices of appeal are deemed timely; and directs the clerk of the court to return this case to the Fifth Circuit for further proceedings. (Ordered by Judge Sam A Lindsay on 11/19/2015) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANTHONY GLENN WALKER,
Petitioner,
v.
WILLIAM STEPHENS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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Civil Action No. 3:11-CV-1055-L

ORDER
On August 14, 2015, the United States Court of Appeals for the Fifth Circuit remanded this
action to the district court to make necessary findings with respect to Petitioner’s “motion for
finding of excusable neglect or good cause for filing the notices of appeal late,” and directed the
court to return the case, after making necessary findings, to the Fifth Circuit for further proceedings
or dismissal, as may be appropriate. See Order (Doc. 47). Pursuant to 28 U.S.C. § 636(b), the court
referred to United States Magistrate Judge David L. Horan for findings and recommendation
Petitioner’s “motion for a finding of excusable neglect or good cause for filing the notices of appeal
late.” See id. On September 28, 2015, Magistrate Judge David L. Horan entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) recommending
that the court grant Petitioner an extension of time to appeal because good cause exists for the
untimely notices of appeal. Specifically, the magistrate judge found that through no fault of his own,
Petitioner’s original notice of appeal was not docketed, and that Petitioner has, therefore, shown
good cause for filing his notices of appeal late. Report 5. No objections to the Report were filed.

Order – Page 1

Having reviewed the pleadings, file, and record in this case, and the findings and conclusions
of the magistrate judge, the court determines that the findings and conclusions of the magistrate
judge are correct, and accepts them as those of the court. Accordingly, the court grants Petitioner’s
“motion for finding of excusable neglect or good cause for filing the notices of appeal late”; extends
Petitioner’s deadline to appeal under Fed. R. App. 4(b)(5) to June 1, 2015, and June 19, 2015, such
that his June 1, 2015 and June 19, 2015 notices of appeal are deemed timely; and directs the clerk
of the court to return this case to the Fifth Circuit for further proceedings.
It is so ordered this 19th day of November, 2015.

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Sam A. Lindsay
United States District Judge

Order – Page 2