Howard v. Ozmint
Cases that cite this one
1 later published case cites this decision.
- Hall v. Commissioner of Social Security (District Court, S.D. Mississippi 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Stacy W. Howard seeks to appeal the district court’s order granting summary judgment to Defendants. The notice of appeal was received in the district court shortly after expiration of the appeal period. Because Howard 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, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). The record does not reveal when Howard 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.