Opinion
USDC No. 7:02-CV-168-R, USCA No. 03-11191
April 15, 2004
ORDER
The Fifth Circuit Court of Appeals remanded this case for a determination as to the date on which Olguin's notice of appeal was deposited into the prison mail system. The notice of appeal is dated October 15, 2003 but was not filed until October 27, 2003. On March 18, 2004, based upon verified records filed by Counsel for Defendants, this Court entered a finding that Olguin's appeal was tendered to prison officials for mailing on October 23, 2003. On April 5, 2004, Olguin filed an objection to the Court's finding. He states that he mailed his notice of appeal on October 15, 2003 from the Stiles Unit in Beaumont, Texas. He points out that the records filed by Defendants are from the Huntsville Unit of the Texas Department of Criminal Justice.
IT IS THEREFORE ORDERED that the Findings of the Court, entered in this action on March 18, 2004 are VACATED.
IT IS FURTHER ORDERED that, within twenty days of the date of this order, Counsel for Defendants shall file with this Court, verified records from the Stiles Unit of the Texas Department of Criminal Justice reflecting all dates from and including October 15, 2003 through October 27, 2003 on which Plaintiff sent outgoing mail. For each entry, the records should reflect the name and address of the person or entity to whom Plaintiff's mail was sent.
IT IS FURTHER ORDERED that, within twenty days of the date of this order, Counsel for Defendants shall file with this Court, verified records from the Texas Department of Criminal Justice reflecting the name and location of each TDCJ prison unit in which Plaintiff was confined between October 14, 2003 and October 28, 2003. Such records shall also reflect the dates of any transfers of Plaintiff from one prison unit to another during that time period.
A copy of Plaintiff's objections, filed on April 5, 2004, shall be sent to Counsel for Defendants. Copies of this order shall be transmitted to Plaintiff and to Counsel for Defendants.