Arthur Lee Smart v. E. Ortiz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ARTHUR LEE SMART, Case No.: 17-cv-1454-AJB-BGS Plaintiff,

ORDER RE FACTUAL

v. DETERMINATION

E. ORTIZ, et al.,

14 Defendants. (Doc. No. 42) 15 On February 16, 2021, the Ninth Circuit Court of Appeal remanded Arthur Lee Smart’s (“Smart”) appeal for the limited purpose of permitting this Court to make a factual determination as to when Smart “first delivered a notice of appeal to prison officials for mailing to the district court in compliance with the requirements of Federal Rule of Appellate Procedure 4(a)(c) and Houston v. Lack, 487 U.S. 266, 270 (1988).” (Doc. No. 42 at 1.) The Ninth Circuit provided that this Court “may consider any further filings or evidence it deems appropriate.” (Id.) Pursuant to the Ninth Circuit’s order, and for the reasons set forth below, the Court makes the factual determination that Smart filed his Notice of Appeal on December 9, 2019. (Doc. No. 39.) I. REQUEST FOR JUDICIAL NOTICE Under Federal Rule of…