Filed: Aug. 18, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1309 DAVID LEE CALDWELL, Plaintiff - Appellant, v. U.S. DEPARTMENT OF EDUCATION, Default Resolution Group, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:19-cv-01366-PX) Submitted: June 30, 2020 Decided: August 18, 2020 Before AGEE, FLOYD, and RICHARDSON, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Dav
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1309 DAVID LEE CALDWELL, Plaintiff - Appellant, v. U.S. DEPARTMENT OF EDUCATION, Default Resolution Group, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:19-cv-01366-PX) Submitted: June 30, 2020 Decided: August 18, 2020 Before AGEE, FLOYD, and RICHARDSON, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Davi..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1309
DAVID LEE CALDWELL,
Plaintiff - Appellant,
v.
U.S. DEPARTMENT OF EDUCATION, Default Resolution Group,
Defendant - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paula Xinis, District Judge. (8:19-cv-01366-PX)
Submitted: June 30, 2020 Decided: August 18, 2020
Before AGEE, FLOYD, and RICHARDSON, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
David Lee Caldwell, Appellant Pro Se. Patrick Garrett Selwood, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Caldwell appeals from the district court’s order dismissing his 20 U.S.C.
§ 1080 (2018) action pursuant to the entry of a Rule 111 settlement order. We vacate and
remand for further proceedings.
In his complaint, Caldwell alleged misconduct against the United States Department
of Education for garnishing funds from his retirement and social security benefits and
applying those funds towards outstanding federal student loan debt held by the department.
As settlement appeared likely, the district court referred Caldwell’s case to a magistrate
judge for settlement and subsequently entered an order that stated that a settlement had
been reached and subsequently dismissed with prejudice Caldwell’s civil action. The order
permitted Caldwell to “move for good cause within 30 days to reopen [his] action if
settlement [was] not consummated.” On March 16,2020, Caldwell filed a document that
the district court construed as a notice of appeal.
Courts must liberally construe the pleadings filed by pro se litigants like Caldwell,
see Erickson v. Pardus,
551 U.S. 89, 94 (2007); United States v. Wilson,
699 F.3d 789, 797
(4th Cir. 2012), and it is the substance of those pleadings, rather than their labels, that is
determinative, United States v. Winestock,
340 F.3d 200, 203 (4th Cir. 2003) (construing
post-trial motion for reconsideration as successive 28 U.S.C. § 2255 motion and noting that
courts’ responsibility not to allow prisoners to circumvent rules limiting review of
successive applications for collateral review “comports with the longstanding practice of
courts to classify pro se pleadings from prisoners according to their contents, without
regard to their captions”).
2
Caldwell’s March 16, 2020 notice of appeal was also filed within the 30-day
window to reopen his action and specifically raised the settlement conference, damages he
sought, and additional allegations arising from the settlement conference. As such, his
notice of appeal amounted to an objection of the Rule 111 settlement order.
We deny Caldwell’s motion to stay the proceedings, deny his motion for payment
of the settlement, and 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
3