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    Hurndon v. Kolongo, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order dismissing a prisoner's §1983 action for failure to notify the court of a change in address. The appeals court found that the prisoner, Raymond Hurndon, had in fact notified the district court in a prior motion that he had been transferred to a detention center in another state. Therefore, the district court's dismissal for failure to notify was in error, and the appeals court remanded the case for further proceedings.

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    Hurndon v. Kolongo, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order dismissing a prisoner's §1983 action for failure to notify the court of a change in address. The appeals court found that the prisoner, Raymond Hurndon, had in fact notified the district court in a prior motion that he had been transferred to a detention center in another state. Therefore, the district court's dismissal for failure to notify was in error, and the appeals court remanded the case for further proceedings.

    Original Description:

    Filed: 2008-08-12 Precedential Status: Non-Precedential Docket: 08-6652

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order dismissing a prisoner's §1983 action for failure to notify the court of a change in address. The appeals court found that the prisoner, Raymond Hurndon, had in fact notified the district court in a prior motion that he had been transferred to a detention center in another state. Therefore, the district court's dismissal for failure to notify was in error, and the appeals court remanded the case for further proceedings.

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    7 views3 pages

    Hurndon v. Kolongo, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order dismissing a prisoner's §1983 action for failure to notify the court of a change in address. The appeals court found that the prisoner, Raymond Hurndon, had in fact notified the district court in a prior motion that he had been transferred to a detention center in another state. Therefore, the district court's dismissal for failure to notify was in error, and the appeals court remanded the case for further proceedings.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6652

    RAYMOND Q. HURNDON,
    Plaintiff - Appellant,
    v.
    NSEKENENE KOLONGO, Nurse, Doctor Practitioner; PRISON HEALTH
    SERVICES, Medical Provider; ABLASBAU, Nurse Practitioner,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Robert E. Payne, Senior
    District Judge. (3:07-cv-00062-REP)

    Submitted:

    July 18, 2008

    Decided:

    August 12, 2008

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Vacated and remanded by unpublished per curiam opinion.

    Raymond Q. Hurndon, Appellant Pro Se. Edward Joseph McNelis, III,


    Elizabeth Martin Muldowney, RAWLS & MCNELIS, PC, Richmond,
    Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    In January of 2007, Raymond Q. Hurndon filed a 42 U.S.C.
    1983 (2000) action in the Eastern District of Virginia alleging
    that he had received inadequate medical care while imprisoned in
    Virginia.

    On October 15, 2007, Hurndon filed a motion which

    clearly informed the district court that he had been transferred to


    the Alvin S. Glenn Detention Center located in Columbia, South
    Carolina.

    On

    that

    same

    date,

    the

    magistrate

    judge

    filed

    memorandum order notifying Hurndon of various matters, including


    the fact that he had 120 days to serve the defendants, that he must
    serve a copy of any pleading on all parties, and that he must
    inform the court of any change in address.
    Hurndons prior address.

    This order was sent to

    Thereafter, by order filed on April 9,

    2008, the court dismissed without prejudice Hurndons action under


    Fed. R. Civ. P. 41(b) on the grounds that its October 15, 2007
    memorandum order was returned to the Court by the United States
    postal

    service

    SENDER.

    marked,

    NO

    LONGER

    AT

    THIS

    ADDRESS

    RETURN

    TO

    (R. 15).
    Because it appears that Hurndon did provide notice of his

    address change, we vacate and remand the courts order dismissing


    Hurndons action for failure to do so.

    Davis v. Williams, 588 F.2d

    69, 70 (4th Cir. 1978) (stating review standard for Rule 41(b)
    dismissal).

    We dispense with oral argument because the facts and

    - 2 -

    legal contentions are adequately presented in the materials before


    the court and argument would not aid the decisional process.

    VACATED AND REMANDED

    - 3 -

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