Hugh Wade v. Wenelisa Navarro ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6387
HUGH MAURICE ALLEN WADE,
Plaintiff – Appellant,
v.
WENELISA NAVARRO, M.D.; ISAIAS TESSEMA, M.D.; ERWIN ALDANA,
M.D.,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:09-cv-01985-AW)
Submitted: August 19, 2011 Decided: August 24, 2011
Before SHEDD, AGEE, and DAVIS, Circuit Judges.
Remanded by unpublished per curiam opinion.
Hugh Maurice Allen Wade, Appellant Pro Se. Philip Melton
Andrews, Katrina J. Dennis, KRAMON & GRAHAM, PA, Baltimore,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hugh Maurice Allen Wade seeks to appeal the district
court’s order granting Defendants’ motion to dismiss. The
notice of appeal was received in the district court shortly
after expiration of the appeal period. Because Wade is
incarcerated, the notice is considered filed as of the date it
was properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266(1988). The record does not reveal when Wade gave the notice of
appeal to prison officials for mailing. Accordingly, we remand
the case for the limited purpose of allowing the district court
to obtain this information from the parties and to determine
whether the filing was timely under Fed. R. App. P. 4(c)(1) and
Houston v. Lack. The record, as supplemented, will then be
returned to this court for further consideration.
REMANDED
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