UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6194
KEYON RIDDICK,
Plaintiff – Appellant,
v.
HERLOCK, Mr. Director of Security; JO HONG, Correctional
Officer; FAUX, Mr. Correctional Officer,
Defendants – Appellees,
and
CHAN, Correctional Officer; JUSTICE, Correctional Officer;
WITTAKER, Correctional Officer/Sergeant; RAY, Correctional
Officer; MAILS, Correctional Officer/Sergeant,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:12-cv-01240-TSE-TRJ)
Submitted: June 12, 2013 Decided: July 3, 2013
Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Keyon Riddick, Appellant Pro Se. Alexander Francuzenko, Lee
Brinson Warren, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Keyon Riddick appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) complaint without
prejudice for failure to comply with an order directing that he
file an affidavit as to his exhaustion of administrative
remedies. On appeal, Riddick alleges that he placed his
responsive affidavit in the prison mailing system on
December 25, 2013. We note that Riddick filed a letter with the
district court stating that he had filed additional
“attachments” to his amended complaint on December 27, 2013.
If, as Riddick intimates on appeal, these attachments included
his exhaustion affidavit, his papers would have been deemed
timely filed pursuant to the prison mailbox rule. See
Houston v. Lack, 487 U.S. 266, 276 (1988). Therefore, we vacate
the district court’s order and remand for the limited purpose of
permitting the district court to make a factual determination as
to whether Riddick timely placed his exhaustion affidavit in the
prison mailing system. The record as supplemented by the
district court’s findings will then be returned to this court
for further review.
VACATED AND REMANDED
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