Graham v. Maryland Department of Corrections , 234 F. App'x 104 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6115
PAUL GRAHAM,
Plaintiff - Appellant,
versus
STATE OF MARYLAND DEPARTMENT OF CORRECTIONS,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:06-cv-01998-CCB)
Submitted: June 22, 2007 Decided: July 13, 2007
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Paul Graham, Appellant Pro Se. Karl Aram Pothier, Assistant
Attorney General, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul Graham seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) suit. The district court’s
judgment was entered on November 30, 2006. Graham filed his notice
of appeal, which was dated January 6, 2007, on January 22. In his
notice of appeal, Graham stated that he did not know whether his
case had been dismissed. Even giving Graham the benefit of
Houston v. Lack, 487 U.S. 266, 276 (1988), his notice was untimely
filed. See Fed. R. App. P. 4(a)(1)(A).
Under Fed. R. App. P. 4(a)(6), the district court may
reopen the time to file an appeal if (1) the moving party did not
receive notice of entry of judgment within twenty-one days after
entry, (2) the motion is filed within 180 days of entry of judgment
or within seven days of receiving notice from the court, whichever
is earlier, and (3) no party would be prejudiced. We remand to the
district court to determine whether Graham is entitled to the
benefit of Rule 4(a)(6) to reopen the time to file an appeal. The
record, as supplemented, will then be returned to this court for
further consideration.
REMANDED
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