Hugh Wade v. Wenelisa Navarro, No. 11-6387 (4th Cir. 2011)

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The court issued a subsequent related opinion or order on February 1, 2012.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6387 HUGH MAURICE ALLEN WADE, Plaintiff Appellant, v. WENELISA NAVARRO, M.D.; ISAIAS TESSEMA, M.D.; ERWIN ALDANA, M.D., Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:09-cv-01985-AW) Submitted: August 19, 2011 Decided: August 24, 2011 Before SHEDD, AGEE, and DAVIS, Circuit Judges. Remanded by unpublished per curiam opinion. Hugh Maurice Allen Wade, Appellant Pro Se. Philip Melton Andrews, Katrina J. Dennis, KRAMON & GRAHAM, PA, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Hugh Maurice Allen Wade seeks to appeal the district court s order granting notice of appeal after expiration Defendants was received of the in appeal motion the to district period. dismiss. court Because The shortly Wade 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 reveal when Wade 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 2

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