Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: ORDER WILLIAM H. STEELE, Chief District Judge. The Court granted the petitioner until April 21, 2014 in which to file objections the Report and Recommendation ("R&R") of the Magistrate Judge. (Doc. 213). The petitioner timely delivered his objections to prison authorities on that date. (Doc. 221 at 5). However, because those authorities did not place the objections in the mail until April 28, 2014, ( id. ), the objections were not received by the Court until May 1, 2014, ( id. at 1), shortly
Summary: ORDER WILLIAM H. STEELE, Chief District Judge. The Court granted the petitioner until April 21, 2014 in which to file objections the Report and Recommendation ("R&R") of the Magistrate Judge. (Doc. 213). The petitioner timely delivered his objections to prison authorities on that date. (Doc. 221 at 5). However, because those authorities did not place the objections in the mail until April 28, 2014, ( id. ), the objections were not received by the Court until May 1, 2014, ( id. at 1), shortly a..
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ORDER
WILLIAM H. STEELE, Chief District Judge.
The Court granted the petitioner until April 21, 2014 in which to file objections the Report and Recommendation ("R&R") of the Magistrate Judge. (Doc. 213). The petitioner timely delivered his objections to prison authorities on that date. (Doc. 221 at 5). However, because those authorities did not place the objections in the mail until April 28, 2014, (id.), the objections were not received by the Court until May 1, 2014, (id. at 1), shortly after the Court had adopted the R&R and entered judgment against the petitioner on the reasonable understanding that he had filed no objections.
For the reasons set forth above, the Court's order and judgment of April 29, 2014, (Docs. 218, 219), are vacated. After due and proper consideration of all portions of the file deemed relevant to the issues raised, and after de novo review of the petitioner's objections, the R&R made under 28 U.S.C. § 636(b)(3) and dated February 26, 2014, is adopted as the opinion of the Court.
DONE and ORDERED.
