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MUHAMMAD v. WARDEN, BALTIMORE CITY JAIL

No. 85-7005.

849 F.2d 107 (1988)

Karriem Wali MUHAMMAD, Plaintiff-Appellant, v. WARDEN, BALTIMORE CITY JAIL and United States of America and Lt. Young, Baltimore City Jail; Baltimore Police Department of Baltimore, Maryland; The District Court of Baltimore, Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Edmund J. O'Meally (Blum, Yumkas, Mailman, Gutman & Denick, P.A., Baltimore, Md., on brief), for plaintiff-appellant.

Millard S. Rubenstein, Asst. City Sol. (Benjamin L. Brown, City Sol., Frank C. Derr, Asst. City Sol., J. Joseph Curran, Jr., Atty. Gen., Richard M. Kastendieck, Asst. Atty. Gen., Baltimore, Md., on brief), for defendants-appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

This appeal concerns the standards which should control in deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. Because we find the district court's explanation of its sua sponte stay of a prisoner's action here inadequate to permit fair review under the relevant standards, we vacate the stay order and remand for reconsideration in accordance with this opinion.

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