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  • John Hargrove v. Jacob Fuller, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit remanded a case back to the district court for a limited purpose. John E. Hargrove sought to appeal the district court's dismissal of his 42 U.S.C. § 1983 action. The appellate court previously remanded the case to determine when Hargrove provided notice of appeal to prison officials for mailing under Fed. R. App. P. 4(c)(1) and Houston v. Lack. On remand, the district court ordered parties to submit evidence on the timeliness of Hargrove's notice of appeal. It then returned the supplemented record to the appellate court without making a determination. The appellate court again remanded the case to the district court solely to

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    Filed: 2011-11-02 Precedential Status: Non-Precedential Docket: 10-6604A

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    The United States Court of Appeals for the Fourth Circuit remanded a case back to the district court for a limited purpose. John E. Hargrove sought to appeal the district court's dismissal of his 42 U.S.C. § 1983 action. The appellate court previously remanded the case to determine when Hargrove provided notice of appeal to prison officials for mailing under Fed. R. App. P. 4(c)(1) and Houston v. Lack. On remand, the district court ordered parties to submit evidence on the timeliness of Hargrove's notice of appeal. It then returned the supplemented record to the appellate court without making a determination. The appellate court again remanded the case to the district court solely to

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    5 views3 pages

    John Hargrove v. Jacob Fuller, 4th Cir. (2011)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit remanded a case back to the district court for a limited purpose. John E. Hargrove sought to appeal the district court's dismissal of his 42 U.S.C. § 1983 action. The appellate court previously remanded the case to determine when Hargrove provided notice of appeal to prison officials for mailing under Fed. R. App. P. 4(c)(1) and Houston v. Lack. On remand, the district court ordered parties to submit evidence on the timeliness of Hargrove's notice of appeal. It then returned the supplemented record to the appellate court without making a determination. The appellate court again remanded the case to the district court solely to

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6604

    JOHN E. HARGROVE,
    Plaintiff - Appellant,
    v.
    JACOB FULLER; NURSE ERIN; NURSE JESSICA; DR. JOE; KING, C/O;
    DR. EDWARDS; DR. JAMES; MILLER, C/O,
    Defendants - Appellees,
    and
    PRIME CARE MEDICAL
    CHAD; RUDLOFF,

    INCORPORATED;

    EASTERN

    REGIONAL

    JAIL;

    Defendants.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg.
    Irene M. Keeley,
    District Judge. (1:08-cv-00132-IMK-JSK)

    Submitted:

    October 25, 2011

    Decided:

    November 2, 2011

    Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.

    Remanded by unpublished per curiam opinion.

    John E. Hargrove, Appellant Pro Se.


    John Dorsey Hoffman,
    FLAHERTY, SENSABAUGH & BONASSO, PLLC, Charleston, West Virginia;
    Philip Cameron Petty, ROSE PADDEN & PETTY, LC, Fairmont, West
    Virginia; Chad Marlo Cardinal, Charleston, West Virginia;

    Frederick W. Goundry,
    Maryland, for Appellees.

    III,

    VARNER

    &

    GOUNDRY,

    Frederick,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John E. Hargrove seeks to appeal the district courts
    February

    10,

    2010

    order

    dismissing

    U.S.C. 1983 (2006) action.

    without

    prejudice

    his

    42

    We remanded the case for the

    limited purpose of allowing the district court to obtain from


    the

    parties

    notice

    of

    information
    appeal

    to

    regarding
    prison

    when

    Hargrove

    officials

    for

    provided

    mailing

    and

    his
    to

    determine whether the filing was timely under [Fed. R. App. P.]
    4(c)(1) and Houston v. Lack.[ *]

    Hargrove v. Fuller, 408 F.

    Appx 675, 675-76 (4th Cir. 2011).


    the

    parties

    to

    submit

    evidence

    The district court ordered

    regarding

    the

    Hargroves notice of appeal; each party responded.

    timeliness

    of

    The district

    court then returned the supplemented record to us without making


    a timeliness determination in accordance with our prior opinion.
    Accordingly, we remand the case to the district court
    for

    the

    limited

    purpose

    of

    allowing

    the

    district

    court

    determine whether Hargroves notice of appeal was timely.

    to
    The

    record, as supplemented, will then be returned to this court for


    further consideration.
    REMANDED

    487 U.S. 266, 276 (1988).

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