Davis v. Valdez

Filing 71

Order Accepting the 67 Findings, Conclusions and Recommendation of the United States Magistrate Judge, granting Plaintiff a thirty-day extension of time to appeal under Federal Rule of Appellate Procedure 4(a), and deems as timely his notice of appeal, filed on 1/9/2014. (Ordered by Judge Sam A Lindsay on 2/21/2014) (tln)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GRADY ALLEN DAVIS,
Plaintiff,
v.
SHERIFF LUPE VALDEZ, et al.,
Defendants.

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Civil Action No. 3:12-CV-2013-L

ORDER
Before the court is Plaintiff’s Notice of Appeal (Doc. 65), filed January 9, 2014, which the
court construes as a motion for leave to file an appeal out of time (Doc. 65). On February 6, 2014,
Magistrate Judge David L. Horan entered Findings, Conclusions and Recommendation of the United
States Magistrate Judge (“Report”), recommending that the court grant Plaintiff a thirty-day
extension to file his notice of appeal, pursuant to Federal Rule of Appellate Procedure 4(a), and
deem his notice of appeal as timely because good cause exists for the untimely filing. No objections
to the Report were filed.
After reviewing the pleadings, file, record in this case, and Report, 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 Plaintiff’s motion for leave to file an appeal out of time (Doc.
65), grants Plaintiff a thirty-day extension of time to appeal under Federal Rule of Appellate
Procedure 4(a), and deems as timely his notice of appeal, filed on January 9, 2014.

Order –Page 1

It is so ordered this 21st day of February, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order –Page 2