Shaidon Blake v. MICHAEL ROSS, Lt.

FILED: July 27, 2016
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7279
SHAIDON BLAKE,
Plaintiff - Appellant,
v.
MICHAEL ROSS, Lt.,
Defendant – Appellee,
and
THE DEPARTMENT OF CORRECTIONS; STATE OF MARYLAND;
M.R.D.C.C.; GARY MAYNARD, Sec.; MICHAEL STOUFFER, Comm.;
JAMES MADIGAN,
Defendants.
On Remand from the Supreme Court of the United States.
(S. Ct. No. 15-339)
Decided on Remand: July 27, 2016
Before GREGORY, Chief Judge, TRAXLER, and AGEE, Circuit Judges.
Remanded by unpublished order. Chief Judge Gregory directed
entry of the order with the concurrence of Judge Traxler and
Judge Agee.

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2
ORDER
GREGORY, Chief Judge:
Having considered the Supreme Court’s decision in Ross v.
Blake, 136 S. Ct. 1850 (2016), we hereby remand this case to the
district court for further proceedings. The Supreme Court noted
that the parties “lodged” new materials, review of which is
generally not within our province. See United States v.
Manbeck, 744 F.2d 360, 392 (4th Cir. 1984) (“It is axiomatic
that it is the role of the factfinder, not the appellate court,
to resolve conflicts in testimony, weigh the evidence, and judge
the credibility of witnesses.”). Accordingly, on remand, the
parties may augment the record so that it contains any pertinent
evidence relating to whether or not the inmate remedies are
“available.” See Blake, 136 S. Ct. at 1859. It will then be
before the district court to address this question in the first
instance.
REMANDED

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