HOSTLER v. GROVES

No. 88-2734.

912 F.2d 1158 (1990)

Gilbert HOSTLER, Plaintiff-Appellant, v. Captain GROVES; Robert J. Flanagan; David R. Mackay; Robert I. Cassady; Frank Terry; Richard T. Cezanc; Donald B. Wawrzaszek; Troy West, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1990.


Attorney(s) appearing for the Case

Gilbert Hostler, Florence, Ariz., in pro per.

Mariannina E. Preston, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Before CHOY, THOMPSON and TROTT, Circuit Judges.


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...

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