Opinion
USDC No. 7:00-CV-100-R, USCA No. 01-11466.
April 10, 2002.
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE RIDGE
Pursuant to the provisions of Title 28, United States Code, Section 636(b), and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge, as evidenced by her signature thereto, are as follows:
FINDINGS AND CONCLUSIONS:
This is a petition for writ of habeas corpus brought pursuant to the provisions of Title 28, United States Code, Section 2254. Petitioner is a state inmate incarcerated in the James V. Allred Unit of the Texas Department of Criminal Justice in Iowa Park, Texas. Respondent is the Director of the Texas Department of Criminal Justice, Institutional Division. The Fifth Circuit Court of Appeals remanded this case for a determination as to the date on which Jones' notice of appeal was tendered to prison officials for mailing.
On April 9, 2002 an evidentiary hearing was conducted. For the reasons stated on the record at the conclusion of the heating, which are hereby incorporated by reference, this Court has determined that Petitioner tender his notice of appeal to prison officials for mailing on November 1, 2001.
RECOMMENDATION:
For the foregoing reasons, it is recommended that the District Court enter a finding that Charles Robert Jones tendered his notice of appeal to prison officials for mailing on November 1, 2001.