Ct. of Appeals remanded plaintiff-prisoner’s appeal from Dist. Ct. order granting defendants-prison officials’ section 1983 action alleging that defendants violated his 8th Amendment rights by failing to provide adequate medical care to treat his non-Hodgkins lymphoma. Remand was required to conduct hearing limited to issue as to whether plaintiff had filed timely notice of appeal, where: (1) plaintiff provided two alleged copies of his notice of appeal that had separate dates, as well as undated copy of his prison mail card; (2) prison mail card indicated that only one document was sent to Dist. Ct. at time plaintiff claimed he mailed notice of appeal; and (3) Dist. Ct., which failed to receive any notice of appeal from plaintiff, received unrelated document for different case involving plaintiff at or about same time plaintiff claimed he mailed notice of appeal in instant case to Dist. Ct.
Federal 7th Circuit Court
Civil Court
Prisoners