Bilal Al-Haqq v. Oliver Washington
Filing
OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 2:13-cv-02867-TMC Copies to all parties and the district court. Mailed to: Bilal Al-Haaq. [999785551] [15-7522]
Appeal: 15-7522
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7522
BILAL A. AL-HAQQ,
Plaintiff - Appellant,
v.
SGT OLIVER WASHINGTON,
Defendant - Appellee,
and
JOHN PATE, Warden; MAJOR WALTER WORRICK; AW RANDALL
WILLIAMS; LT RICHARD JENKINS; LT TYLER; CPL MARVIN BRYANT;
MS. EDITH WETHERBEE; MRS. VIRGINIA GRUBBS; MS. V. JONES,
official and individual capacity,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Timothy M. Cain, District Judge.
(2:13-cv-02867-TMC)
Submitted:
March 29, 2016
Decided:
March 31, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Bilal A. Al-Haqq, Appellant Pro Se.
Mary Bass Lohr,
Andrew Yoho, HOWELL, GIBSON & HUGHES, PA, Beaufort,
James
South
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Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Appeal: 15-7522
Doc: 15
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PER CURIAM:
Bilal
appeal
judge’s
A.
the
Al-Haqq,
district
a
South
court’s
recommendation
and
§ 1983 (2012) complaint.
Carolina
order
denying
prisoner,
adopting
relief
seeks
to
the
magistrate
his
42
on
U.S.C.
Parties in a civil action in which the
United States is not a party have 30 days following entry of
judgment in which to file a notice of appeal.
4(a)(1)(A).
Fed. R. App. P.
“[T]he timely filing of a notice of appeal in a
civil case is a jurisdictional requirement.”
Bowles v. Russell,
551 U.S. 205, 214 (2007).
Because Al-Haqq is incarcerated, the notice of appeal is
considered filed on 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, 276 (1988).
The record does not
conclusively reveal when Al-Haqq delivered the notice of appeal
to prison officials for mailing.
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
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