Sewraz v. Long

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 16, 2009
• Docket: 09-6540
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6540

CHETANAND KUMAR SEWRAZ,

Plaintiff - Appellant,

v.

DAVID LONG, JR.; MICHAEL MORCHOWER; ETHICAL INVESTIGATIONS; ASSET PRESERVATION; ROBERT H. CARTER; DELORES W. CARTER; PEARSON HYUNDAI; N.E. LEWIS; MICHAEL KESSLER; UNKNOWN EMPLOYEES OF PEARSON HYUNDAI,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:08-cv-00100-RLW)

Submitted: September 1, 2009 Decided: September 16, 2009

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Remanded by unpublished per curiam opinion.

Chetanand Kumar Sewraz, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Chetanand Kumar Sewraz seeks to appeal the district

court’s order dismissing his complaint under Fed. R. Civ. P.

8(a). The notice of appeal was received in the district court

after expiration of the appeal period. Because Sewraz 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 Sewraz 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 Rule 4(c)(1) and

Houston v. Lack. The record, as supplemented, will then be

returned to this court for further consideration.

REMANDED