Charlie L. Hardin v. Tabor Correctional Institution

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6033
CHARLIE L. HARDIN,
Plaintiff - Appellant,
v.
TABOR CORRECTIONAL INSTITUTION; AMY JACOBS; GEORGE W.
BAYSDEN, JR.; JAMIE L. BULLARD; DOCTOR WHITE; HEAD NURSE
SCOTT; EWARD; ROSEMARY BIANCARDIN; OFFICER JAMES HUNT;
WILLIAM GEORGE; CASE MANGER YORK,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:21-ct-03067-M)
Submitted: March 24, 2022 Decided: March 29, 2022
Before MOTZ, WYNN, and RICHARDSON, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Charlie L. Hardin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charlie L. Hardin, a North Carolina state prisoner, appeals from the district court’s
order dismissing without prejudice his civil action for failing to comply with its November
22, 2021, order directing him to file an amended complaint no later than December 7, 2021.
On appeal, Hardin states that he did not timely comply because he did not receive the
November 22 order and the accompanying form for him to file the amended complaint
until the December 7 deadline. Hardin’s amended complaint dated December 7, 2021, was
received in the district court on December 16, 2021, two days after the entry of the district
court’s judgment. Under these circumstances, we vacate the district court’s order and
remand for the court to determine whether Hardin’s amended complaint complies with the
November 22 order. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED

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