UNPUBLISHED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: April 22, 2016
Before AGEE, DIAZ, and THACKER, Circuit Judges.
Remanded by unpublished per curiam opinion.
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
David Michael Montgomery seeks to appeal the district
court’s order denying relief on his 42 U.S.C. § 1983 (2012)
complaint. 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 delivered to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,
487 U.S. 266 (1988). The record does not reveal when Montgomery
gave 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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