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  • Lawrence A. Robinson v. Alvin J. Law, Sheriff, 943 F.2d 49, 4th Cir. (1991)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1991. It involves a pro se plaintiff, Lawrence Robinson, appealing a decision of the Eastern District of Virginia regarding a case against Sheriff Alvin Law. The summary is: 1) The notice of appeal in the case was received shortly after the appeal period expired. 2) Under the Supreme Court precedent of Houston v. Lack, a notice of appeal would be considered filed as of the date the appellant delivered it to prison officials. 3) The record does not show when Robinson delivered the notice of appeal for mailing. 4) The Fourth Circuit remanded the case to the district court to determine when Robinson delivered the

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    Filed: 1991-09-09 Precedential Status: Non-Precedential Citations: 943 F.2d 49 Docket: 91-6104

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1991. It involves a pro se plaintiff, Lawrence Robinson, appealing a decision of the Eastern District of Virginia regarding a case against Sheriff Alvin Law. The summary is: 1) The notice of appeal in the case was received shortly after the appeal period expired. 2) Under the Supreme Court precedent of Houston v. Lack, a notice of appeal would be considered filed as of the date the appellant delivered it to prison officials. 3) The record does not show when Robinson delivered the notice of appeal for mailing. 4) The Fourth Circuit remanded the case to the district court to determine when Robinson delivered the

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    1 views2 pages

    Lawrence A. Robinson v. Alvin J. Law, Sheriff, 943 F.2d 49, 4th Cir. (1991)

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    Scribd Government Docs
    The document is a court case from the United States Court of Appeals for the Fourth Circuit from 1991. It involves a pro se plaintiff, Lawrence Robinson, appealing a decision of the Eastern District of Virginia regarding a case against Sheriff Alvin Law. The summary is: 1) The notice of appeal in the case was received shortly after the appeal period expired. 2) Under the Supreme Court precedent of Houston v. Lack, a notice of appeal would be considered filed as of the date the appellant delivered it to prison officials. 3) The record does not show when Robinson delivered the notice of appeal for mailing. 4) The Fourth Circuit remanded the case to the district court to determine when Robinson delivered the

    Copyright:

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    of 2

    943 F.

    2d 49

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Lawrence A. ROBINSON, Plaintiff-Appellant,
    v.
    Alvin J. LAW, Sheriff, Defendant-Appellee.
    No. 91-6104.

    United States Court of Appeals, Fourth Circuit.


    Submitted Aug. 26, 1991.
    Decided Sept. 9, 1991.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-90-296-AM)
    Lawrence A. Robinson, appellant pro se.
    Mark Douglas Stiles, Wilcox & Savage, Norfolk, Va., for appellee.
    E.D.Va.
    REMANDED.
    Before WILKINSON and WILKINS, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    OPINION
    PER CURIAM:

    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.
    2

    REMANDED.

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