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WILDER v. CHAIRMAN OF CENT. CLASSIFICATION BD.

No. 88-6704.

926 F.2d 367 (1991)

Wesley Rudolph WILDER, Plaintiff-Appellant, v. CHAIRMAN OF THE CENTRAL CLASSIFICATION BOARD; Commonwealth of Virginia; Department of Corrections; Authority at Nottoway Correctional Center; Commonwealth of Virginia, Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1991.

Attorney(s) appearing for the Case

Anne Nicholson Hogewood, Student Advocate, argued (George K. Walker, on brief), Wake Forest University School of Law, Winston-Salem, N.C., for plaintiff-appellant.

Gayl Branum Carr, Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen., William W. Muse, Asst. Atty. Gen., on brief), Richmond, Va., for defendants-appellees.

Before MURNAGHAN and WILKINS, Circuit Judges, and STAMP, District Judge for the Northern District of West Virginia, sitting by designation.

MURNAGHAN, Circuit Judge:

Wesley Rudolph Wilder's 42 U.S.C. § 1983 complaint was dismissed by the district court because Wilder had failed to pay a $35.00 partial filing fee. Wilder mailed a "Motion to Appeal" to a friend in Lynchburg, Virginia, asking her to enclose five dollars and to forward the motion to the court. By the time the motion arrived at the district court, its filing fell outside the thirty-day period prescribed in Federal Rule of Appellate Procedure...

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