Gilbert Hostler v. Captain Groves Robert J. Flanagan David R. MacKay Robert I. Cassady Frank Terry Richard T. Cezanc Donald B. Wawrzaszek Troy West
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TROTT, Circuit Judge:
Gilbert Hostler, an incarcerated prisoner, appeals pro se the district court’s grant of summary judgment to appellees, various prison officials, in this 42 U.S.C. § 1983 action. We remand for a determination of whether Hostler timely submitted his notice of appeal to prison authorities for forwarding to the district court.
PROCEDURAL BACKGROUND
The district court entered its final judgment on June 1, 1987. In a letter dated June 29, 1987, Hostler wrote to the Clerk of the district court:
Enclosed you will find a Notice of Appeal for the above-referenced cause; however,…
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