Holcomb v. Warden Truitt, No. 8:2022cv01877 - Document 70 (D.S.C. 2024)
Court Description: ORDER AND OPINION The Court concludes that Petitioner's notice of appeal was received by the prison mail room before his time to file a notice of appeal elapsed. Signed by Honorable Joseph Dawson, III on 4/24/24. (rweb, )
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Holcomb v. Warden Truitt Doc. 70 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Fred R. Halcomb, Jr., Petitioner, vs. Warden Truitt, Respondent. ) ) ) ) ) ) ) ) ) ) Case No.: 8:22-cv-1877-JD-JDA ORDER AND OPINION This matter is before the Court on limited remand from the United States Court of Appeals for the Fourth Circuit. Specifically, the Fourth Circuit requested that the Court determine whether Petitioner timely noted an appeal under Rule 4(c)(1) and Houston v. Lack, 487 U.S. 266 (1988)(the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court). See Fed. R. App. P. 4(c)(1). The Court concludes that Petitioner’s notice of appeal satisfies Rule 4(a)’s requirements as it was received by the prison mail room before his time to file a notice of appeal elapsed. IT IS SO ORDERED. _____________________________ Joseph Dawson, III United States District Judge Florence, South Carolina April 24, 2024 NOTICE OF RIGHT TO APPEAL Petitioner is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 1 Dockets.Justia.com
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