Jacoby v. Thomas et al (INMATE 2)
| Brent Jacoby |
| Kim T. Thomas, Christopher Gordy, Warden Carlton, Lt. Bennett, Lt. Scott, Sgt. Nolan, Officer Curry, Officer Span and Pamela Harris |
| 2:2015cv00367 |
| May 27, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Barbour |
| Myron H. Thompson |
| Wallace Capel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
86
OPINION AND ORDER: This case is now before the court on remand from the Eleventh Circuit Court of Appeals for two determinations as further set out in the opinion and order. Pursuant to the directive of the Eleventh Circuit Court of Appeals remand ing this case to this court to make two recommendations, it is ORDERED that: (1) It is declared, as set forth in the courts order of 2/27/2019 (doc. no. 74 ), that plaintiff Brent Jacoby did not file a prior, timely notice of appeal. (2) It is also declared that plaintiff Jacoby merits reopening of the appeal period under Federal Rule of Appellate Procedure 4(a)(6). (3) Plaintiff Jacobys notice of appeal (doc. no. 67 ) is treated as a motion to reopen the time for filing a notice of appeal and said motion is granted. It is further ORDERED that plaintiff Jacobys Motion to Reconsider Dismissing 42 USC 1983 for not Filing Documents in a Timely Manner (doc. no. 73 ) is denied as moot. The clerk of court is DIRECTED to return this case, as supplemented, to the Eleventh Circuit Court of Appeals for further proceedings. Signed by Honorable Judge Myron H. Thompson on 7/17/2019. Furnished Appeals Clerk.(dmn, )
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Filing
74
ORDER: On January 11, 2019, the Eleventh Circuit remanded this action to the district court with the following instructions: "This appeal is REMANDED, sua sponte, to the district court for the limited purpose of determining as further set out in the order. 11th Circuit Remand Order (doc. no. 72 ). It is ORDERED that plaintiff Brent Jacoby is allowed until 3/27/2019, to submit to this court any evidence of the "exact date" he received notice of the court's 8/29/2018, 66 judgment, as further set out in order. If the court does not hear from plaintiff Jacoby within the time allowed, the court will assume that his appeal untimely. Signed by Honorable Judge Myron H. Thompson on 2/27/2019. Furnished to 11th Circuit Appeals Clerk. (kr, ) Modified on 2/27/2019 to include additional text for appeal purposes. (dmn, )
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