Opinion
20-7696
07-20-2021
WAYNE RESPER, Plaintiff - Appellant, v. WEXFORD MEDICAL SERVICES; NURSE BRENDA REECE; NURSE BEVERLY MCLAUGHLIN; NURSE CARLA BUCK; ALAN WILT; DIANE HENSEL; BERNICE; RYAN BROWNING; RICHARD GRAHAM, JR., Warden, Defendants - Appellees.
Wayne Resper, Appellant Pro Se. Douglas Conrad Meister, Gina Marie Smith, MEYERS, RODBELL &ROSENBAUM, PA, Riverdale Park, Maryland, for Appellees.
UNPUBLISHED
Submitted: May 27, 2021
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:17-cv-02014-PJM)
Wayne Resper, Appellant Pro Se.
Douglas Conrad Meister, Gina Marie Smith, MEYERS, RODBELL &ROSENBAUM, PA, Riverdale Park, Maryland, for Appellees.
Before AGEE, THACKER, and RICHARDSON, Circuit Judges.
Remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wayne Resper seeks to appeal the district court's order granting summary judgment to Defendants in his 42 U.S.C. § 1983 suit. The order he seeks to challenge was entered by the district court on September 21, 2020. Resper filed his notice of appeal, which was dated October 31, on November 9. Even giving Resper the benefit of Houston v. Lack, 487 U.S. 266, 276 (1988), his notice of appeal was untimely filed. See Fed. R.App. P. 4(a)(1)(A). In his notice, however, Resper indicated that he was unaware of the district court's order until October 29. Under Fed. R. App. P. 4(a)(6), the district court may reopen the time to file an appeal if: (1) the moving party did not receive notice of entry of judgment within twenty-one days after entry; (2) a motion to reopen the appeal period is filed within 180 days of entry of judgment or within fourteen days of receiving notice from the district court, whichever is earlier; and (3) no party would be prejudiced. We remand to the district court so it may determine whether Resper is entitled to have his time to file an appeal reopened under Rule 4(a)(6). The record, as supplemented, will then be returned to this court for further consideration.
REMANDED