Clayton Williams v. STEVEN RYAN, Physical Therapist

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6063
CLAYTON WILLIAMS,
Plaintiff – Appellant,
v.
STEVEN RYAN, Physical Therapist; DWAIN M. BREWER, Officer,
CO II; RODERICK R. SOWER, CCE Warden,
Defendants – Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:07-cv-03461-JFM)
Submitted: May 15, 2009 Decided: June 3, 2009
Before WILKINSON, TRAXLER, and AGEE, Circuit Judges.
Remanded by unpublished per curiam opinion.
Clayton Williams, Appellant Pro Se. Rex Schultz Gordon, OFFICE
OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clayton Williams seeks to appeal the district court’s
order granting Defendants’ motion for summary judgment and
dismissing his 42 U.S.C.A. § 1983 (West 2007) civil rights
action. Williams’ notice of appeal was received in the district
court shortly after the expiration of the thirty-day appeal
period. Fed. R. App. P. 4(a)(1)(A). Because Williams is
incarcerated and proceeding pro se, the notice is considered
filed as of the date it was properly delivered to prison
officials for mailing to the district court. Fed. R. App. P.
4(c)(1); Houston v. Lack, 487 U.S. 266 (1988). The date on
which Williams properly delivered his notice of appeal to prison
officials for mailing to the district court is not fairly
ascertainable from the current record.
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. The
record, as supplemented, will then be returned to this court for
further consideration. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
REMANDED

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