John Alexander Wagner v. Brian G. Iames

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 1:16-cv-00098-ELH Copies to all parties and the district court/agency. Mailed to: John Wagner. [1000271869] [17-7607]

Appeal: 17-7607

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-7607

JOHN ALEXANDER WAGNER,
Plaintiff - Appellant,
v.
BRIAN G. IAMES; DEAN W. ROUNDS, SR.; CODY W. GILPIN; WARREN G.
MALLOW; FRANK B. BISHOP, JR.; CHRISTOPHER ANDERSON;
NICHOLAS J. SOLTAS; COREY A. DOLLEY; EARL RITCHIE; BRANDON
SELF,
Defendants - Appellees,
and
BRADLEY A. WILT; NP JANETTE CLARK,
Defendants.

Appeal from the United States District Court for the District of Maryland, at Baltimore.
Ellen L. Hollander, District Judge. (1:16-cv-00098-ELH)

Submitted: March 29, 2018

Before TRAXLER, KING, and KEENAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Decided: April 6, 2018

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John Alexander Wagner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 17-7607

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PER CURIAM:
John Alexander Wagner, a Maryland inmate, seeks to appeal the portion of the
district court’s February 28, 2017, order granting summary judgment to one of the
Defendants named in his 42 U.S.C. § 1983 (2012) complaint. After the parties agreed to
settle the remaining claims, the court dismissed the action on June 29, 2017. Wagner
submitted a notice of appeal dated June 29 but received by the district court after the
expiration of the 30-day appeal period. Fed. R. App. P. 4(a)(1)(A). Included with his
notice of appeal was a letter to the district court clerk, dated December 4, 2017, in which
Wagner asserted that he had received no response to a previously filed notice of appeal.
Because Wagner is incarcerated, his notice of appeal is deemed 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 (1988). “[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). Here, the record does not conclusively establish when Wagner submitted his
notice of appeal to prison officials. Accordingly, we remand the case for the limited
purpose of allowing the district court to make this finding and to determine whether
Wagner timely filed his notice of appeal. The record, as supplemented, will then be
returned to this court for further consideration.
REMANDED

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