Home/Fourth Circuit/Richard Moise v. Howard County Detention Center

Richard Moise v. Howard County Detention Center

CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 27, 2019
Docket19-6645
StatusUnpublished

This text of Richard Moise v. Howard County Detention Center (Richard Moise v. Howard County Detention Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard Moise v. Howard County Detention Center, (4th Cir. 2019).

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6645

RICHARD D. MOISE,

Plaintiff - Appellant,

v.

HOWARD COUNTY DETENTION CENTER; JACK KAVANAGH; JANINE JACKSON; DARNELL MORANT,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:18-cv-01355-RDB)

Submitted: September 24, 2019 Decided: September 27, 2019

Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Remanded by unpublished per curiam opinion.

Richard D. Moise, Appellant Pro Se. Cynthia G. Peltzman, Senior Assistant County Solicitor, Melissa Goldmeier, Gary W. Kuc, HOWARD COUNTY OFFICE OF LAW, Ellicott City, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Richard D. Moise, a Maryland prisoner, seeks to appeal the district court’s order

dismissing Moise’s 42 U.S.C. § 1983 (2012) complaint. The Appellees have moved to

dismiss Moise’s appeal as untimely. Generally, a party in a civil suit has 30 days from the

district court’s entry of judgment to file a notice of appeal; that time period is mandatory

and jurisdictional. See Fed. R. App. P. 4(a)(1)(A); Bridges v. Dep’t of Md. State Police,

441 F.3d 197, 206-07 (4th Cir. 2006). Here, the district court’s order was entered on

February 4, 2019; Moise did not file his notice of appeal until April 26. * Moise, however,

asserted in his notice of appeal that he did not receive notice of the district court’s order

until April 26, and there is some evidence in the record supporting this assertion.

Pursuant to Fed. R. App. P. 4(a)(6), the district court may reopen an appeal period

if the court finds that (1) the party moving for reopening did not receive notice of the entry

of the judgment within 21 days after entry, (2) the moving party filed its motion within 180

days after entry of the judgment or within 14 days after receiving notice of the entry,

whichever is earlier, and (3) no party would be prejudiced. See Fed. R. App. P. 4(a)(6);

see also Fed. R. Civ. P. 77(d)(2). As Moise contends that he did not receive notice of the

district court’s order within 21 days of the date it was entered, we remand the case for the

district court to determine under Rule 4(a)(6) whether Moise’s appeal period should be

* When a litigant is incarcerated, the date of filing is the earliest date the notice could have been delivered to prison officials for mailing. See Houston v. Lack, 487 U.S. 266, 276 (1988).

2 reopened. The record will be returned to this court for further consideration once it has

been supplemented with the district court’s findings.

REMANDED

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487 U.S. 266 (Supreme Court, 1988)
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Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State Trooper, Shawn Bridges Levander Jones Lakeithia Webb Tashima Nicholson Calvin Thorpe, Jr. Latia Thorpe Cynthia Walker Evan Thorpe Calvin Thorpe, Sr. Samuel Williams Janice Springs Terry Postell Kenneth Moody Frank Willis Joseph Kahoe Nallie Hairston Kenwin Baylor Calvin Postell Maryland State Conference of Naacp Branches, on Behalf of Itself, Its Members, and the Class Gary D. Rodwell, on Behalf of Himself and All Other Persons Similarly Situated Johnston E. Williams, on Behalf of Himself and All Other Persons Similarly Situated James E. Alston, Jr., on Behalf of Himself and All Other Persons Similarly Situated Yancey Taylor, on Behalf of Herself, Their Son Y.T., Jr., and All Other Persons Similarly Situated Aleshia Taylor, on Behalf of Herself, Her Minor Son, Y.T., Jr., and All Other Persons Similarly Situated George W. Taylor, Jr., on Behalf of Himself and All Other Persons Similarly Situated Nelson D. Walker, on Behalf of Himself and All Other Persons Similarly Situated Mecca Agundabo, I, on Behalf of Himself and All Other Persons Similarly Situated John S. Means Kenneth R. Jeffries Diana Desmoines William M. Berry Verna A. Bailey, the Above on Behalf of Herself and All Other Persons Similarly Situated v. Department of Maryland State Police David B. Mitchell, Individually and in His Official Capacity as Secretary of the Department of Maryland State Police Jesse Graybill, Individually and in His Official Capacity as Commander of the Field Operations Bureau of the Department of Maryland State Police George H. Hall, Individually and in His Official Capacity as Commander of the Northern Region of the Field Operations Bureau of the Department of Maryland State Police Vernon Betkey, Individually and in His Official Capacity as a Maryland State Police Barrack Commander Keven L. Gray, Individually and in His Official Capacity as a Maryland State Police Barrack Commander John E. Appleby, Individually George P. Brantly, Individually and in His Official Capacity as a Maryland State Trooper Bernard M. Donovan, Individually and in His Official Capacity as a Maryland State Trooper Steven W. Dulski, Individually and in His Official Capacity as a Maryland State Trooper Melvin Fialkewicz, Individually John R. Greene, Individually and in His Official Capacity as a Maryland State Trooper Steven L. Hohner, Individually and in His Official Capacity as a Maryland State Trooper Clifford T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper David B. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Michael T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Steven O. Jones, Individually and in His Official Capacity as a Maryland State Trooper James E. Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State Trooper
441 F.3d 197 (Fourth Circuit, 2006)

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