Epps v. Davis-Director TDCJ-CID

Filing 38

Amended Order Accepting 34 Findings and Recommendations re: 29 Motion for Discovery filed by Tony Epps. IT IS THEREFORE ORDERED that Petitioner's Motion for a Delayed Notice of Appeal, construed as a motion to reopen the time to file the notice of appeal under FED. R. APP. P. 4(a)(6), is DENIED. (Ordered by Judge Jane J. Boyle on 7/15/2019) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TONY EPPS, #00450886,
Petitioner,
v.
LORIE DAVIS, Director,
TDCJ-CID,
Respondent.

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CIVIL CASE NO. 3:18-CV-1115-B-BK
APPEAL CASE NO. 18-11466

AMENDED ORDER ACCEPTING FINDINGS, CONCLUSIONS AND
RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Petitioner’s July 5, 2019 Objection to the June 14, 2019 Findings,
Conclusions and Recommendation of the United States Magistrate Judge. Doc. 37. Petitioner states he
placed the Objection in the prison mail box on June 30, 2019. Doc. 37 at 3. On July 3, 2019, the
Court accepted the Magistrate Judge’s Recommendation and denied Petitioner’s Motion for a Delayed
Notice of Appeal, construed as a motion to reopen the time to file the notice of appeal under FED.
R. APP. P. 4(a)(6), not having seen Petitioner’s Objection. The Court now considers the Objection.
Petitioner does not claim that he can satisfy the first requirement of Rule 4(a)(6) – namely
that he did not receive the August 16, 2018 judgment. He reiterates simply that the reason he was
unable to timely file a notice of appeal was due to the supposed denial of access to the prison law
library.
After a de novo review of those portions of the proposed findings and recommendation to
which objection was made, the Court OVERRULES Petitioner’s Objection.

IT IS THEREFORE ORDERED that Petitioner’s Motion for a Delayed Notice of Appeal,
construed as a motion to reopen the time to file the notice of appeal under FED. R. APP. P. 4(a)(6),
is DENIED.
SO ORDERED this 15th day of July, 2019.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE