UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6725
RUSSELL LEON DAVID, SR.,
Plaintiff - Appellant,
v.
JON E. OZMINT, Director, South Carolina Department of
Corrections; DONALD R. SAMPSON, Dr.; A. G. ALEWINE, Dr.; K.
MCCULLOUGH, Nurse; S. SHERMAN, Nurse,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. R. Bryan Harwell, District Judge.
(9:10-cv-01976-RBH)
Submitted: October 20, 2011 Decided: November 3, 2011
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Remanded by unpublished per curiam opinion.
Russell Leon David, Sr., Appellant Pro Se. Mason Abram Summers,
RICHARDSON, PLOWDEN & ROBINSON, PA, Columbia, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Russell Leon David, Sr., seeks to appeal the district
court’s order granting summary judgment in favor of defendants
on his complaint filed pursuant to 42 U.S.C. § 1983 (2006). The
notice of appeal was received in the district court shortly
after expiration of the appeal period. Because David 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 clearly reveal when David 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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