Opinion
CIVIL ACTION NO. 4:00-CV-335-Y
September 10, 2001
ORDER RENDERING FINDINGS OF FACT ON ISSUES REMANDED
As a result of this Court's July 23, 2001 Order seeking evidence relating to the resolution of the issue on remand, petitioner Richard Paul Mann filed, on August 8, 2001, a Declaration in Support of Petitioner's Mailing of his Notice of Appeal, with a one-page photocopy of an "Inmate Request to Official." The Respondent has not filed any response to the petitioner's declaration. After review of the above declaration, the Court issues the following findings of fact:
FINDINGS OF FACT
On June 16, 2001, petitioner Richard Paul Mann created a notice of appeal for filing in this case. Mann placed the notice of appeal in the prison mail system on Saturday morning June 16, 2001. (Mann Declaration at 1.) The notice of appeal was logged into the prison mail system on June 18, 2001. (Mann Declaration at 2.) This evidence supports a finding that Petitioner deposited his notice of appeal in the prison mail system on or before June 18, 2001, and that he took steps to reasonably ensure that the notice of appeal was received by the clerk in a timely manner.