PETTWAY v. U.S., 08-0320-WS. (2013)
Court: District Court, S.D. Alabama
Number: infdco20130813697
Visitors: 16
Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: ORDER WILLIAM H. STEELE, Chief District Judge. This matter is before the Court on the petitioner's motion to alter or amend. (Doc. 72). The motion and attachments reflect that the petitioner timely requested an extension of time within which to file objections to the report and recommendation ("R&R") but that the request was never delivered to the Court — and ultimately was returned to the petitioner — because it was mailed to a post office box the Court has not employed for a number of years.
Summary: ORDER WILLIAM H. STEELE, Chief District Judge. This matter is before the Court on the petitioner's motion to alter or amend. (Doc. 72). The motion and attachments reflect that the petitioner timely requested an extension of time within which to file objections to the report and recommendation ("R&R") but that the request was never delivered to the Court — and ultimately was returned to the petitioner — because it was mailed to a post office box the Court has not employed for a number of years. ..
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ORDER
WILLIAM H. STEELE, Chief District Judge.
This matter is before the Court on the petitioner's motion to alter or amend. (Doc. 72). The motion and attachments reflect that the petitioner timely requested an extension of time within which to file objections to the report and recommendation ("R&R") but that the request was never delivered to the Court — and ultimately was returned to the petitioner — because it was mailed to a post office box the Court has not employed for a number of years. The petitioner's use of this address was understandable and appropriate, since the envelope containing the R&R identified it as the Court's return address.
Accordingly, the motion to alter or amend is granted. The Court's order adopting the R&R as the opinion of the Court, denying the motion to vacate and dismissing the action, as well as the Court's judgment against the petitioner, (Docs. 68, 69), are vacated. The petitioner is ordered to file and serve any objection to the R&R on or before August 30, 2013.
DONE and ORDERED.
Source: Leagle
