Debra J. Hord - Page 7




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         although the top portions of the digits in question are                      
         indecipherable, he was certain that the postmark date was “30 MAR            
         1999”.5                                                                      
              Even if we were to assume, however, that the envelope in                
         question bears no U.S. postmark or that the date of the postmark             
         is illegible, petitioner has nevertheless failed to carry her                
         burden of proving that the petition was timely filed.  The                   
         private postage meter mark shows at most that the envelope might             
         have been prepared for mailing on March 29, 1999, not that it was            
         actually mailed that day.  The only other evidence that                      
         petitioner has adduced is the uncorroborated testimony of her                
         counsel, Sallie Gladney (Gladney), who claims to have delivered              
         the petition, along with a stack of other mail, to the 24-hour               
         U.S. post office located at Bush International Airport, in                   
         Houston, Texas, on March 29, 1999, at “approximately” 11:30 p.m.             
         She also testified, however, that she did not remember the exact             
         time.  Her own testimony, therefore, does not exclude the                    


               5 Petitioner argues that the two digits in question could              
          conceivably be something other than “30”, but has advanced no               
          alternative possibility that is meaningful in the instant factual           
          context.  In particular, petitioner does not argue, and we do not           
          believe, that the digits could realistically be construed as                
          “29”, to corroborate her claim that the petition was mailed on              
          Mar. 29, 1999.  Petitioner suggests that the first digit could be           
          construed as a zero.  If so, the postmark would have been made in           
          the first 9 days of March, a scenario that is inconsistent with             
          petitioner’s own contention that she mailed the petition on Mar.            
          29, and that is unlikely in light of the Court’s receipt of the             
          petition by U.S. mail on Apr. 5, 1999.                                      





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