By: Derek Hawkins//December 6, 2017//
7th Circuit Court of Appeals
Case Name: Floyd May v. Sylvia Mahone, et al.
Case No.: 15-3395
Officials: FLAUM, RIPPLE, and ROVNER, Circuit Judges.
Focus: Jurisdiction
Floyd May, a pro se appellant and an Illinois prisoner, claims in this suit under 42 U.S.C. § 1983 that two prison physicians failed to provide constitutionally adequate medical care while treating his non-Hodgkins lymphoma. The district court entered summary judgment for the defendants, and Mr. May has appealed. Before addressing the merits, we must decide whether we have jurisdiction. That question turns on whether Mr. May filed a timely notice of appeal. Because we cannot determine this issue on the existing record, we remand the case to the district court for the limited purpose of determining if and when Mr. May tendered a notice of appeal to prison authorities.
Accordingly, we remand this case to the district court for the limited purpose of determining whether Mr. May submitted a notice of appeal on or before August 10, 2015, in compliance with Rule 4(c). We will retain jurisdiction over the appeal.
Remanded with instructions; Jurisdiction Retained