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LEWIS v. RICHMOND CITY POLICE DEPT.

No. 90-6365.

947 F.2d 733 (1991)

Manuel LEWIS, Plaintiff-Appellant, v. RICHMOND CITY POLICE DEPARTMENT, Director of Public Safety, City Manager, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1991.

Attorney(s) appearing for the Case

Heather Young, Third-Year Law Student, Postconviction Assistance Project, University of Virginia School of Law, Charlottesville, Va., argued (Richard J. Bonnie, on brief), for plaintiff-appellant.

William Joe Hoppe, Sr. Asst. City Atty., Richmond, Va., argued, for defendants-appellees.

Before PHILLIPS, Circuit Judge, STAKER, District Judge for the Southern District of West Virginia, sitting by designation, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

PER CURIAM:

Manuel Lewis, an incarcerated pro se litigant, deposited a civil complaint in his prison's mailbox two days before the expiration of the applicable statute of limitations. The complaint was addressed to the clerk of the district court, who received it one day after the time period expired. The district court dismissed the action as untimely and Lewis now appeals.

The issue presented is whether the complaint was "filed" within...

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