USCA4 Appeal: 24-6826 Doc: 15 Filed: 12/10/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6826

ROY SYLVESTER HUNT, JR.,

Plaintiff - Appellant,

v.

P. MCCABE, Registered Nurse,

Defendant - Appellee,

and

ARMOR HEALTHCARE PROVIDER; LIEUTENANT CUNDIFF; UNIT MANAGER GILBERTSON; J. GILLUS, Food Service Assistant Director; R. HALOM, Medical Secretary; ASSISTANT WARDEN JERRY; PROCICE, Registered Nurse; SERGEANT SUMMERVILLE; LIEUTENANT WHITEHEAD,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:21-cv-00539-MHL-MRC)

Submitted: December 5, 2024 Decided: December 10, 2024

Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Remanded by unpublished per curiam opinion. USCA4 Appeal: 24-6826 Doc: 15 Filed: 12/10/2024 Pg: 2 of 3

Roy Sylvester Hunt, Jr., Appellant Pro Se. Maurice Scott Fisher, Jr., Leanna Catherine Minix, HARMAN CLAYTOR CORRIGAN & WELLMAN, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 24-6826 Doc: 15 Filed: 12/10/2024 Pg: 3 of 3

PER CURIAM:

Roy Sylvester Hunt, Jr., seeks to appeal the district court’s final order granting

Defendant’s motion for summary judgment and dismissing Hunt’s

action. The district court received the notice of appeal after the appeal period expired on

August 2, 2024. Because Hunt is incarcerated, the notice is considered filed as of the date

it was delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1);

Houston v. Lack,

(1988). The record does not reveal when Hunt gave

the notice of appeal to prison officials for mailing. Accordingly, we remand this 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. The

record, as supplemented, will then be returned to this court for further consideration.

REMANDED

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