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  • Bilal Al-Haqq v. Oliver Washington, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit remanded a case back to the District Court of South Carolina to determine whether a prisoner's notice of appeal in a 42 U.S.C. § 1983 case was timely filed. For incarcerated individuals, a notice of appeal is considered filed on the date it is delivered to prison officials for mailing. However, the record did not show when the prisoner delivered his notice of appeal to officials. The Court remanded solely to allow the district court to obtain this information from the parties and determine if the filing met the deadline under Fed. R. App. P. 4(c)(1) and Houston v. Lack.

    Original Description:

    Filed: 2016-03-31 Precedential Status: Non-Precedential Docket: 15-7522

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    The United States Court of Appeals for the Fourth Circuit remanded a case back to the District Court of South Carolina to determine whether a prisoner's notice of appeal in a 42 U.S.C. § 1983 case was timely filed. For incarcerated individuals, a notice of appeal is considered filed on the date it is delivered to prison officials for mailing. However, the record did not show when the prisoner delivered his notice of appeal to officials. The Court remanded solely to allow the district court to obtain this information from the parties and determine if the filing met the deadline under Fed. R. App. P. 4(c)(1) and Houston v. Lack.

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    12 views3 pages

    Bilal Al-Haqq v. Oliver Washington, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit remanded a case back to the District Court of South Carolina to determine whether a prisoner's notice of appeal in a 42 U.S.C. § 1983 case was timely filed. For incarcerated individuals, a notice of appeal is considered filed on the date it is delivered to prison officials for mailing. However, the record did not show when the prisoner delivered his notice of appeal to officials. The Court remanded solely to allow the district court to obtain this information from the parties and determine if the filing met the deadline under Fed. R. App. P. 4(c)(1) and Houston v. Lack.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7522

    BILAL A. AL-HAQQ,
    Plaintiff - Appellant,
    v.
    SGT OLIVER WASHINGTON,
    Defendant - Appellee,
    and
    JOHN PATE, Warden; MAJOR WALTER WORRICK; AW RANDALL
    WILLIAMS; LT RICHARD JENKINS; LT TYLER; CPL MARVIN BRYANT;
    MS. EDITH WETHERBEE; MRS. VIRGINIA GRUBBS; MS. V. JONES,
    official and individual capacity,
    Defendants.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. Timothy M. Cain, District Judge.
    (2:13-cv-02867-TMC)

    Submitted:

    March 29, 2016

    Decided:

    March 31, 2016

    Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Remanded by unpublished per curiam opinion.

    Bilal A. Al-Haqq, Appellant Pro Se.


    Mary Bass Lohr,
    Andrew Yoho, HOWELL, GIBSON & HUGHES, PA, Beaufort,

    James
    South

    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bilal
    appeal
    judges

    A.

    the

    Al-Haqq,

    district

    South

    courts

    recommendation

    and

    1983 (2012) complaint.

    Carolina

    order

    denying

    prisoner,

    adopting
    relief

    seeks

    to

    the

    magistrate

    his

    42

    on

    U.S.C.

    Parties in a civil action in which the

    United States is not a party have 30 days following entry of


    judgment in which to file a notice of appeal.
    4(a)(1)(A).

    Fed. R. App. P.

    [T]he timely filing of a notice of appeal in a

    civil case is a jurisdictional requirement.

    Bowles v. Russell,

    551 U.S. 205, 214 (2007).


    Because Al-Haqq is incarcerated, the notice of appeal is
    considered filed on 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, 276 (1988).

    The record does not

    conclusively reveal when Al-Haqq delivered 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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