Filed: Jun. 25, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6194 KEYON RIDDICK, Plaintiff – Appellant, v. HERLOCK, Mr. Director of Security; JO HONG, Correctional Officer; FAUX, Mr. Correctional Officer, Defendants – Appellees, and CHAN, Correctional Officer; JUSTICE, Correctional Officer; WITTAKER, Correctional Officer/Sergeant; RAY, Correctional Officer; MAILS, Correctional Officer/Sergeant, Defendants. Appeal from the United States District Court for the Eastern District of Virgi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6194 KEYON RIDDICK, Plaintiff – Appellant, v. HERLOCK, Mr. Director of Security; JO HONG, Correctional Officer; FAUX, Mr. Correctional Officer, Defendants – Appellees, and CHAN, Correctional Officer; JUSTICE, Correctional Officer; WITTAKER, Correctional Officer/Sergeant; RAY, Correctional Officer; MAILS, Correctional Officer/Sergeant, Defendants. Appeal from the United States District Court for the Eastern District of Virgin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6194
KEYON RIDDICK,
Plaintiff – Appellant,
v.
HERLOCK, Mr. Director of Security; JO HONG, Correctional
Officer; FAUX, Mr. Correctional Officer,
Defendants – Appellees,
and
CHAN, Correctional Officer; JUSTICE, Correctional Officer;
WITTAKER, Correctional Officer/Sergeant; RAY, Correctional
Officer; MAILS, Correctional Officer/Sergeant,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:12-cv-01240-TSE-TRJ)
Submitted: June 12, 2014 Decided: June 25, 2014
Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Keyon Riddick, Appellant Pro Se. Alexander Francuzenko, Lee
Brinson Warren, COOK CRAIG & FRANCUZENKO, PLLC, Fairfax,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
On January 25, 2013, the district court dismissed
Keyon Riddick’s 42 U.S.C. § 1983 (2012) case without prejudice
for failure to timely file an exhaustion affidavit. Riddick
timely appealed, and we ordered a limited remand for the
district court to determine whether Riddick timely placed his
exhaustion affidavit within the prison mailing system. After
Riddick filed a verified statement asserting that he had
complied with the district court’s original order to timely file
his exhaustion affidavit, the district court entered an order
finding that Riddick had timely filed his exhaustion affidavit
and concluding that the case was now ripe to proceed.
Accordingly, we vacate the district court’s January
25, 2013 order dismissing Riddick’s complaint and remand for
further proceedings. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
VACATED AND REMANDED
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