Garnell Steven Hill, Plaintiff-appellant, v. 4 to 12 Lieutenant T. Cornelium, Co Iv, Captain J.clendenin, 8 to 4 Shift, Sergeant M. Drury, Eastcompound, Defendants-appellees, 931 F.2d 54 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 931 F.2d 54 (4th Cir. 1991) Submitted April 8, 1991. Decided April 23, 1991

Appeal from the United States District Court for the District of Maryland, at Baltimore. Walter E. Black, Jr., District Judge. (CA-90-905-B, CA-90-986-B)

Garnell Steven Hill, appellant pro se.

John Joseph Curran, Jr., Attorney General, Timothy James Paulus, Assistant Attorney General, Baltimore, Md., for appellees.

D. Md.


Before MURNAGHAN, SPROUSE and NIEMEYER, Circuit Judges.


The notice of appeal in this case was received in the district court shortly after expiration of the appeal period. Under Houston v. Lack, 487 U.S. 266 (1988), the notice is considered filed as of the date appellant delivered it to prison officials for forwarding to the court. The record does not reveal when appellant delivered the notice of appeal for mailing to the court. Accordingly, we remand the case for the district court to obtain this information from the parties and make the requisite findings under Houston v. Lack. The record, as supplemented, will then be returned to this Court for further consideration.