Kenneth William Ray, II v. Joe Driver et al, No. 11-6164 (4th Cir. 2011)

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The court issued a subsequent related opinion or order on February 16, 2012.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6164 KENNETH WILLIAM RAY, II, Plaintiff - Appellant, v. JOE DRIVER, Rec Officer; HAROLD FUSEYAMORE, Regional Counsel, BOYLES; MICHELLE T. Defendants Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:10-cv-00009-JPB-JSK) Submitted: May 26, 2011 Decided: June 1, 2011 Before KING, SHEDD, and DIAZ, Circuit Judges. Remanded by unpublished per curiam opinion. Kenneth William Ray, II, Appellant Pro Se. Alan McGonigal, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth William Ray, II, seeks to appeal the district court s order adopting the magistrate judge s report and recommendation, granting Appellees motion for summary judgment, and dismissing Ray s complaint. The notice of appeal was received in the district court shortly after expiration of the appeal period. Because Ray 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). not reveal when Ray officials for mailing. gave the notice of The record does appeal to prison 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 2

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