Chetanand Sewraz v. David Long, Jr.

Filing 920090916

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6540 CHETANAND KUMAR SEWRAZ, Plaintiff - Appellant, v. DAVID LONG, JR.; MICHAEL MORCHOWER; ETHICAL INVESTIGATIONS; ASSET PRESERVATION; ROBERT H. CARTER; DELORES W. CARTER; PEARSON HYUNDAI; N.E. LEWIS; MICHAEL KESSLER; UNKNOWN EMPLOYEES OF PEARSON HYUNDAI, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:08-cv-00100-RLW) Submitted: September 1, 2009 Decided: September 16, 2009 Before MOTZ and Circuit Judge. SHEDD, Circuit Judges, and HAMILTON, Senior Remanded by unpublished per curiam opinion. Chetanand Kumar Sewraz, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chetanand Kumar Sewraz seeks to appeal the district court's order dismissing his complaint under Fed. R. Civ. P. 8(a). after The notice of appeal was received in the district court expiration of the appeal period. Because Sewraz is incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court. (1988). of Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266 The record does not reveal when Sewraz gave the notice to prison officials for mailing. Accordingly, we appeal 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 Rule 4(c)(1) and Houston v. Lack. The record, as supplemented, will then be returned to this court for further consideration. REMANDED 2

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