Kenneth William Ray, II v. Joe Driver et al
Filing
OPINION/ORDER DIRECTING LIMITED REMAND filed by RBK, DWS and AD [4CCA retains jurisdiction]. Originating case number: 2:10-cv-00009-JPB-JSK Copies to all parties and the district court/agency. Mailed to: Kenneth William Ray II. [998602237] [11-6164]
Appeal: 11-6164
Document: 12
Date Filed: 06/01/2011
Page: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6164
KENNETH WILLIAM RAY, II,
Plaintiff - Appellant,
v.
JOE DRIVER, Rec Officer; HAROLD
FUSEYAMORE, Regional Counsel,
BOYLES;
MICHELLE
T.
Defendants – Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:10-cv-00009-JPB-JSK)
Submitted:
May 26, 2011
Decided:
June 1, 2011
Before KING, SHEDD, and DIAZ, Circuit Judges.
Remanded by unpublished per curiam opinion.
Kenneth William Ray, II, Appellant Pro Se.
Alan McGonigal,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-6164
Document: 12
Date Filed: 06/01/2011
Page: 2 of 2
PER CURIAM:
Kenneth William Ray, II, seeks to appeal the district
court’s
order
adopting
the
magistrate
judge’s
report
and
recommendation, granting Appellees’ motion for summary judgment,
and
dismissing
Ray’s
complaint.
The
notice
of
appeal
was
received in the district court shortly after expiration of the
appeal
period.
Because
Ray
is
incarcerated,
the
notice
is
considered filed as of 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 (1988).
not
reveal
when
Ray
officials for mailing.
gave
the
notice
of
The record does
appeal
to
prison
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
2
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