Bryant Davidson v. State of Maryland

Filing 920090805

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6679

BRYANT ELLIOTT DAVIDSON, Plaintiff - Appellant, v. STATE OF MARYLAND; DEPARTMENT CORRECTIONAL SERVICES, OF PUBLIC SAFETY AND

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:08-cv-00524-WDQ)

Submitted:

July 30, 2009

Decided:

August 5, 2009

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Bryant Elliott Davidson, Appellant Pro Se. Stephanie Judith Lane Weber, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Bryant Elliott Davidson seeks to appeal the district court's order denying relief on his 42 U.S.C. § 1983 (2006)

complaint.

The notice of appeal was received in the district Because

court shortly after expiration of the appeal period.

Davidson is incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for

mailing to the court. 487 U.S. 266 (1988). gave the notice we of

Fed. R. App. P. 4(c)(1); Houston v. Lack, The record does not reveal when Davidson appeal the to prison for officials the for mailing. of

Accordingly,

remand

case

limited

purpose

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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