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    United States Court of Appeals, Fourth Circuit

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    [1] This unpublished Fourth Circuit case from 1990 involved an appeal by plaintiff Shaka Amiri Al-Aziz of a district court's ruling. [2] The notice of appeal was received shortly after the appeal period expired. Under the Supreme Court precedent of Houston v. Lack, a notice of appeal is considered filed when delivered by the appellant to prison officials for mailing. [3] However, the record did not show when Al-Aziz delivered the notice of appeal. The Fourth Circuit remanded the case to the district court to obtain this information from the parties and make findings on timeliness in accordance with Houston v. Lack.

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    United States Court of Appeals, Fourth Circuit

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    [1] This unpublished Fourth Circuit case from 1990 involved an appeal by plaintiff Shaka Amiri Al-Aziz of a district court's ruling. [2] The notice of appeal was received shortly after the appeal period expired. Under the Supreme Court precedent of Houston v. Lack, a notice of appeal is considered filed when delivered by the appellant to prison officials for mailing. [3] However, the record did not show when Al-Aziz delivered the notice of appeal. The Fourth Circuit remanded the case to the district court to obtain this information from the parties and make findings on timeliness in accordance with Houston v. Lack.

    Original Description:

    Filed: 1990-05-18 Precedential Status: Non-Precedential Citations: 905 F.2d 1528 Docket: 90-6544

    Original Title

    Shaka Amiri Al-Aziz v. Captain Geiger Lieutenant Hodge Lieutenant Audey Lieutenant Mitchell Ms. Jorden Ms. Murn Ms. Hunter Mr. Worthman Mr. Reynolds Mr. J. Morris Mr. Kendal Mr. Kimbal, 905 F.2d 1528, 4th Cir. (1990)

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    [1] This unpublished Fourth Circuit case from 1990 involved an appeal by plaintiff Shaka Amiri Al-Aziz of a district court's ruling. [2] The notice of appeal was received shortly after the appeal period expired. Under the Supreme Court precedent of Houston v. Lack, a notice of appeal is considered filed when delivered by the appellant to prison officials for mailing. [3] However, the record did not show when Al-Aziz delivered the notice of appeal. The Fourth Circuit remanded the case to the district court to obtain this information from the parties and make findings on timeliness in accordance with Houston v. Lack.

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    United States Court of Appeals, Fourth Circuit

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    [1] This unpublished Fourth Circuit case from 1990 involved an appeal by plaintiff Shaka Amiri Al-Aziz of a district court's ruling. [2] The notice of appeal was received shortly after the appeal period expired. Under the Supreme Court precedent of Houston v. Lack, a notice of appeal is considered filed when delivered by the appellant to prison officials for mailing. [3] However, the record did not show when Al-Aziz delivered the notice of appeal. The Fourth Circuit remanded the case to the district court to obtain this information from the parties and make findings on timeliness in accordance with Houston v. Lack.

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    of 2

    905 F.

    2d 1528
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Shaka Amiri AL-AZIZ,
    v.
    Captain GEIGER; Lieutenant Hodge; Lieutenant Audey;
    Lieutenant Mitchell; Ms. Jorden; Ms. Murn; Ms. Hunter;
    Mr. Worthman; Mr. Reynolds; Mr. J. Morris; Mr. Kendal;
    Mr. Kimbal, Defendants-Appellees.
    No. 90-6544.

    United States Court of Appeals, Fourth Circuit.


    Submitted April 20, 1990.
    Decided May 18, 1990.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Richmond. David G. Lowe, United States Magistrate. (C/A
    No. 88-821-R)
    Shaka Amiri Al-Aziz, appellant pro se.
    Michael Paul Falzone, Paul A. Simpson, Scott Allan Moss, Hirschler,
    Fleischer, Weinberg, Cox & Allen, Richmond, Va., for appellees.
    E.D.Va.
    REMANDED.
    Before PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges.
    PER CURIAM:

    The notice of appeal in this case was received in the district court shortly after
    expiration of the appeal period. Under Houston v. Lack, 487 U.S. 266 (1988),
    the notice is considered filed as of the date appellant delivered it to prison
    officials for forwarding to the court. The record does not reveal when appellant
    delivered the notice of appeal for mailing to the court. Accordingly, we remand
    the case for the district court to obtain this information from the parties and
    make the requisite findings under Houston v. Lack. The record, as
    supplemented, will then be returned to this Court for further consideration.

    REMANDED.

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