David Montgomery v. Conmed, Inc.

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 1:13-cv-00930-ELH Copies to all parties and the district court/agency. Mailed to: M. Anderson, D. Montgomery. [999801163] [16-1133]

Appeal: 16-1133

Doc: 25

Filed: 04/22/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1133

DAVID MICHAEL MONTGOMERY,
Plaintiff - Appellant,
v.
CONMED, INC.,
Defendant – Appellee,
and
JASON BINGHAM, Cpl.; JOHN CARHART, Sgt.; SENIOR TROOPER
CLAYCOMB; FRANK FORNOSS, Str.; STRED WINKLER, Senior
Trooper; SGT.
GALLIGAN; SCOTT PEDERSON; K. R. JENKINS,
Officer; JAMIE GROVER, Officer; CHRIS TAYLOR, Tfc.; EDWARD
EICHER, Sgt.; TPR
BISHOP; THE
CARROLL COUNTY JAIL; MR.
HARDINGER, Warden; ANNE ARUNDEL COUNTY POLICE; STATE POLICE
WESTMINSTER,
Defendants.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Ellen L. Hollander, District Judge.
(1:13-cv-00930-ELH)

Submitted:

April 19, 2016

Decided:

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

April 22, 2016

Appeal: 16-1133

Doc: 25

Filed: 04/22/2016

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David Michael Montgomery, Appellant Pro Se.
Thomas Althauser,
Megan Green Anderson, Eric Matthew Rigatuso, ECCLESTON & WOLF,
PC, Hanover, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 16-1133

Doc: 25

Filed: 04/22/2016

Pg: 3 of 3

PER CURIAM:
David
court’s

Michael

order

complaint.

Montgomery

denying

relief

seeks
on

appeal

42

his

to

the

U.S.C.

district

§ 1983

(2012)

The notice of appeal was received in the district

court shortly after expiration of the appeal period.

Because

Montgomery is incarcerated, the notice is considered filed as of
the

date

it

was

properly

mailing to the court.

delivered

to

prison

officials

for

Fed. R. App. P. 4(c)(1); Houston v. Lack,

487 U.S. 266 (1988).

The record does not reveal when Montgomery

gave

appeal

the

notice

Accordingly,

we

of

remand

the

to

prison

case

for

officials
the

for

limited

mailing.

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

3