The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
FREDERICK BROWN,
Plaintiff-Appellant,
v.
JAMES R. METTS, Sheriff; CAPTAIN
No. 00-6512
WILLIAMS; MAJOR HARRIS; EMSA
CORRECTIONAL CARE; ARAMARK
CORRECTIONAL SERVICES,
Defendants-Appellees.
Appeal from the United States District Court
for the District of South Carolina, at Columbia.
Matthew J. Perry, Jr., Senior District Judge.
(CA-99-1040-3-10BC)
Submitted: August 15, 2000
Decided: September 5, 2000
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
_________________________________________________________________
Vacated and remanded by unpublished per curiam opinion.
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COUNSEL
Frederick Brown, Appellant Pro Se. William Henry Davidson, II,
DAVIDSON, MORRISON & LINDEMANN, P.A., Columbia, South
Carolina, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Frederick Brown appeals from the district court's order granting
summary judgment to Appellees on his action under 42 U.S.C.A.
§ 1983 (West Supp. 2000). Brown claims on appeal that he did not
timely receive mail regarding his action because he was transferred
to two federal prisons and received medical treatment during the time
in which he was required to respond to the district court's orders. The
district court's file shows that a change of address notification from
Brown was docketed on September 16, 1999. In that letter, Brown
informed the district court that he had been transferred from Lexing-
ton County Jail in Lexington, South Carolina, to the federal prison in
Atlanta, Georgia. Brown informed the court that he did not know how
long he would be at the Atlanta facility, but stated that he wanted to
be sure his mail was forwarded. Although the record does not reveal
the precise date, Brown was later transferred to the United States
Medical Center (USMC) at Springfield, Missouri.
According to Brown, he did not receive the motion for summary
judgment, the Roseboro* notice, the magistrate judge's report and
recommendation, or the order granting summary judgment until after
he arrived at USMC. The district court's file establishes that, after
receipt of Brown's change of address, the next document sent to
Brown by the court was nonetheless sent to the Lexington County
Jail. Because the file does not indicate the address to which the subse-
quent notices and orders were sent, it appears that they were likewise
sent to the Lexington County address. In addition, the Appellees'
motion for summary judgment and supporting documents, filed after
Brown notified the district court of his change of address, were sent
to Brown at the Lexington County Jail, and the record does not reflect
whether these documents were forwarded to Brown in Atlanta.
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*Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975).
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Although Brown asserts that he notified the district court of his trans-
fer to USMC, the record does not contain a change of address notifi-
cation regarding the second transfer.
Because it appears from the record that Brown may not have
received notice of the motion for summary judgment and other docu-
ments in a timely fashion, despite at least one notification that he had
been transferred, we vacate the district court's grant of summary
judgment and remand for further proceedings. We dispense with oral
argument because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
VACATED AND REMANDED
3