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NASIM v. WARDEN, MD. HOUSE OF CORRECTION

No. 93-7263.

42 F.3d 1472 (1995)

Ghulam Mohammed NASIM, Plaintiff-Appellant, and Ghulam Ahmed Nasim; Abdul Karim Nasim, Plaintiffs, v. WARDEN, MARYLAND HOUSE OF CORRECTION; Asbestos Contractor, Maryland House of Correction; Unknown Prison Officials, Maryland House of Correction, All Individually and in their Official Capacity Under Color of State Law, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1995.

Rehearing Granted, Opinion Vacated February 8, 1995.

Attorney(s) appearing for the Case

ARGUED: Valerie A. Potenza, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. Regina Hollins Lewis, Asst. Atty. Gen., Baltimore, MD, for appellees. ON BRIEF: Steven H. Goldblatt, John J. Hoeffner, Supervising Atty., Paul S. Ellis, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. J. Joseph Curran, Jr., Atty. Gen., Baltimore, MD, for appellees.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Rehearing In Banc Granted, Opinion Vacated February 8, 1995.

Reversed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MOTZ, Circuit Judge:

Ghulam Nasim appeals from the district court's dismissal of his complaint against the Warden of the Maryland House of Correction and certain other prison officials as untimely. Because it is not apparent from...

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