Clayton Williams v. Steven Ryan

Filing 920090603

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6063

CLAYTON WILLIAMS, Plaintiff ­ Appellant, v. STEVEN RYAN, Physical Therapist; DWAIN M. BREWER, Officer, CO II; RODERICK R. SOWER, CCE Warden, Defendants ­ Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:07-cv-03461-JFM)

Submitted:

May 15, 2009

Decided:

June 3, 2009

Before WILKINSON, TRAXLER, and AGEE, Circuit Judges.

Remanded by unpublished per curiam opinion.

Clayton Williams, Appellant Pro Se. Rex Schultz Gordon, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Clayton Williams seeks to appeal the district court's order granting his Defendants' 42 U.S.C.A. motion § 1983 for summary 2007) judgment civil and

dismissing action. court

(West

rights

Williams' notice of appeal was received in the district after R. the expiration P. of the thirty-day appeal is

shortly Fed.

period.

App.

4(a)(1)(A).

Because

Williams

incarcerated and proceeding pro se, the notice is considered filed as of the date it was properly delivered to prison

officials for mailing to the district court.

Fed. R. App. P. The date on

4(c)(1); Houston v. Lack, 487 U.S. 266 (1988).

which Williams properly delivered his notice of appeal to prison officials for mailing to the district court is not fairly

ascertainable from the current record. Accordingly, purpose of allowing we the remand the case court for to the limited this

district

obtain

information from the parties and to determine whether the filing was timely under Fed. R. App. P. 4(c)(1) and Houston. The

record, as supplemented, will then be returned to this court for further consideration. We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the

decisional process. REMANDED 2