Davidson v. State of Maryland

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6679
BRYANT ELLIOTT DAVIDSON,
Plaintiff - Appellant,
v.
STATE OF MARYLAND; DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:08-cv-00524-WDQ)
Submitted: July 30, 2009 Decided: August 5, 2009
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Bryant Elliott Davidson, Appellant Pro Se. Stephanie Judith Lane
Weber, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bryant Elliott Davidson seeks to appeal the district
court’s order denying relief on his 42 U.S.C. § 1983 (2006)
complaint. The notice of appeal was received in the district
court shortly after expiration of the appeal period. Because
Davidson 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 Davidson
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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