Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Freeman v. Martin

United States District Court, E.D. California

May 19, 2017

DEMETRIUS TERRELL FREEMAN, Plaintiff,
v.
A. MARTIN, et al., Defendants. Appeal No. 15-15452

          FINDINGS OF FACT BY DISTRICT COURT ORDER FOR CLERK TO SERVE THESE FINDINGS ON THE CLERK FOR THE NINTH CIRCUIT COURT OF APPEALS

          GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE.

         These findings are submitted to the Clerk of the Ninth Circuit Court of Appeals in response to the Ninth Circuit's directive. On March 3, 2017, the Ninth Circuit issued an order remanding this case to the district court for the limited purpose of determining the date that Appellant, Demetrius Terrell Freeman, [1] delivered his notice of appeal to prison authorities for mailing. (ECF No. 25.) The court was directed to forward its finding to the Clerk of the Ninth Circuit Court of Appeals. (Id.)

         I. BACKGROUND

         On April 21, 2014, Demetrius Derrell Freeman, a federal prisoner proceeding pro se, filed case number 1:14-cv-00575-LJO-GSA-PC, Freeman v. Martin, at the United States District Court for the Eastern District of California. (Complaint, ECF No. 1.) On October 31, 2014, the court dismissed the case for Plaintiff's failure to prosecute. (ECF No. 12.) On March 10, 2015, Plaintiff filed a notice of appeal, which was forwarded to the Ninth Circuit and assigned case number 15-15452. (ECF No. 19-21.)

         On March 3, 2017, the Ninth Circuit remanded the case to the district court. (ECF No. 25.)

         11. PLAINTIFF'S APRIL 29, 2017, DECLARATION

         To determine the date at issue, the court issued an order on March 27, 2017, requiring Plaintiff to file a declaration under penalty of perjury, describing in detail the process he claims he followed when submitting his notice of appeal for mailing at the institution where he was incarcerated at the time. (ECF No. 27.) The court set forth ten questions for Plaintiff to address in the declaration. (Id.) On May 3, 2017, Plaintiff filed the declaration, which he dated April 29, 2017, and signed under penalty of perjury. (ECF No. 30.) Plaintiff provided the following responses to the court's ten questions:

         (1) When and how did you find out your case had been dismissed? Where were you housed at the time? What was your reaction?

Plaintiff: I found out my case was dismissed while in transit to USP Pollock. I was housed in the transit center in Oklahoma City, Oklahoma.

         (2) When did you write the notice of appeal? Did anyone help you write it? If so, who? Did you deliver it for mailing on that same day?

Plaintiff: I wrote the notice of appeal in late October 2014, and made mention of it in a motion filed in February, either document 16 or 17. The notice of appeal was referred to as a “motion, ” of this I am almost certain. (The notice of appeal was written in late October.)

         (3) When did you submit the notice of appeal for mailing? Give the date, time of day, day of the week, whether it was a holiday, and any other description of the day.

Plaintiff: I submitted the notice of appeal November 1st, 2014, a Saturday.

         (4) How did you submit the mail at the institution? If to a staff member or other person, give the title and name. If you don't know the name, give a description of the person.

         Was there any conversation by you or others at the time? Describe. Where were you when you submitted the mail?

Plaintiff: I submitted the notice of appeal for mailing by having it placed in the institution's “internal mail system” in C-3 housing unit, pursuant to Fed R. App. P. 4(a)(1)(A).

         (5) If you did not submit the notice of appeal to a staff member or other person, where and how did you deliver it for mailing? Was anyone else present when you delivered it? Did anyone know you were going to deliver the mail? Who? What were the circumstances?

Plaintiff: Same response as answer 4 verbatim.

         (6) What type of envelope did you use? Was the envelope sealed when you delivered it? Was postage affixed? Did you send ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.