Legal Opinion

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

Decided August 30, 1990No. 88-2734PublishedCited by 43 opinions

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,…

2Cases cited17 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Dunn v. WhiteCourt of Appeals for the Tenth Circuit · 1989
  5. Meral Smith v. Melvin H. EvansCourt of Appeals for the Third Circuit · 1988

12 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Garvey v. VaughnCourt of Appeals for the Eleventh Circuit · 1993
  2. Douglas v. NoelleCourt of Appeals for the Ninth Circuit · 2009
  3. Manuel Lewis v. Richmond City Police Department, Director of Public Safety, City ManagerCourt of Appeals for the Fourth Circuit · 1991
  4. Miller v. BensonCourt of Appeals for the Eighth Circuit · 1995
  5. Christopher Columbus Cooper v. O.A. Brookshire, Sheriff of Ector County, TexasCourt of Appeals for the Fifth Circuit · 1995

38 more not listed; retrieve them via the Exa API.

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