Gilbert Hostler v. Captain Groves Robert J. Flanagan David R. MacKay Robert I. Cassady Frank Terry Richard T. Cezanc Donald B. Wawrzaszek Troy West

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:

The accompanying envelope bears a postmark of July 3, 1987. In his “Motion for Relief from Judgment,” also dated June 29, 1987, Hostler argued that the district court misconstrued pertinent case law and made mistaken factual findings.

Hostler’s Notice of Appeal was “lodged” on July 6, 1987. In a letter dated July 8, 1987, the Clerk wrote to Hostler: “Please be advised that your Notice of Appeal was received and lodged on July 6, 1987 pending disposition of your Motion for Relief from Judgment.” The district court denied Hostler’s motion for reconsideration in an order entered on April 27, 1988. In a letter dated May 4, 1988, Hostler wrote to the Clerk requesting that his Notice of Appeal be…