Tatum v. Montgomery County et al (INMATE 2)
| Antonio Oscar Tatum |
| City of Montgomery, Montgomery County Sheriff Department, State of Alabama, Montgomery Police Department, Montgomery City Jail, Montgomery County, Montgomery County Detention Facility, Alabama State Troopers Department, Alabama Department of Corrections and Alabama State Troopers |
| 2:2020cv00241 |
| April 13, 2020 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Stephen Michael Doyle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
30
OPINION AND ORDER: On 6/16/2022, Plaintiff file a Motion to Appeal, considered a Notice of Appeal from the judgment entered on 7/17/2022. Doc. 29 . Under the prison mailbox rule, Plaintiff's notice of appeal is deemed filed on the date he de livered it to prison authorities for mailing--presumptively 6/10/2022, the day he signed it. In abundance of caution, the Court construes Plaintiff's notice of appeal as a motion to reopen the time for an appeal under Rule 4(a)(6). Under the cir cumstances, the Court, in its discretion, concludes that re-opening of the appeal period under FRAP 4(a)(6) is not merited. Accordingly, for the foregoing reasons, it is ORDERED that Plaintiff's Notice of Appeal, considered to contain a motion t o extend the time for filing a notice of appeal under FRAP (a)(5)(A)(i) or a motion to reopen the time to appeal under FRAP 4(a)(6) (Doc. 29 ), and a motion for leave to appeal in forma pauperis (Doc. 29 ) are DENIED. It is further ORDERED that, un der the provisions of the Prison Litigation Reform Act, 28 U.S.C. 1915(as amended), Plaintiff is required to pay the requisite $505.00 fee for filing this Notice of Appeal as further set out in the order. To aid those persons having custody of P laintiff in complying with the requirements of this Order, the Clerk is DIRECTED to furnish a copy this Order to the inmate account clerk at the facility where Plaintiff is incarcerated. Signed by Honorable Judge W. Harold Albritton, III on 6/27/2022. Furnished Appeals Clerk, Cashier. (dmn, )
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