Professional Documents
Culture Documents
No. 10-6106
STACY W. HOWARD,
Plaintiff Appellant,
v.
DIRECTOR JON E. OZMINT, of S.C. Department of Corrections
also known as John E. Ozmint; WARDEN WILLIE EAGLETON; AARON
JOYNER, Major; CAPTAIN KENNETH GREEN; S. SKIPPER, IGC of
the Evans Correctional Institution; T. WOOLBRIGHT; S.
MOSES; C. FOX; T. SIMMONS; MICHAEL J. STOBBE, Inmate
Records; JIMMY EDGE, officer; DAVID BRAYBOY, officer,
Defendants - Appellees.
No. 11-6459
STACY W. HOWARD,
Plaintiff Appellant,
v.
JON OZMINT, of S.C. Department of Corrections also known as
John E. Ozmint; WARDEN WILLIE EAGLETON; AARON JOYNER,
Major; CAPTAIN KENNETH GREEN; S. SKIPPER, IGC of the Evans
Correctional Institution; T. WOOLBRIGHT; S. MOSES; C. FOX;
T. SIMMONS; MICHAEL J. STOBBE, Inmate Records; JIMMY EDGE,
officer; DAVID BRAYBOY, officer,
Defendants - Appellees.
Appeals from the United States District Court for the District
of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior
District Judge. (6:08-cv-03171-GRA)
Submitted:
July 7, 2011
Decided:
PER CURIAM:
In
No.
10-6106,
Stacy
W.
Howard
appeals
from
the
his
42
U.S.C.
1983
preliminary motions.
district
court
for
(2006)
suit
and
denying
various
factual
finding
on
the
timeliness
of
On
findings
absent
clear
error.
finding
is
clearly
United
States v. United States Gypsum Co., 333 U.S. 364, 395 (1948).
While Howard alleges that the prison mailroom does not follow
protocol
and
holds
before
stamping
or
sending
it,
he
After a
Accordingly, we
his
(untimely)
notice
of
appeal,
he
also
amended
his
January 29, 2009, notice of appeal from the denial of his motion
for a preliminary injunction. 1
appeal,
so
even
though
his
notice
(and
amended
amended
notice
of
appeal
was
sufficient
to
confer
jurisdiction.
Howards
January
29,
2009,
notice
of
appeal
timely
injunction.
That
order
was
an
appealable,
Howards
orders
is
ineffectual.
premature
notice
of
Any subsequent
appealed.
notice
of
appeal
specify
the
orders
being
July
29,
2009,
notice
of
appeal
specified
The
notice
separately
of
appeal, 2
appealed.
and
the
Accordingly,
later
we
orders
conclude
needed
that
to
be
Howards
appointment
of
counsel.
We
dispense
with
oral
argument