MOISE v. MCALLISTER (2021)

Richard D. Moise, a Maryland inmate, appeals the district court's March 25, 2021, order dismissing his complaint without prejudice for failure either to pay the filing fee or to apply to proceed in forma pauperis by March 18. In a filing dated March 3 but not docketed until March 30, Moise did, in fact, apply to proceed in forma pauperis. Because, under the prison mailbox rule, we assume that March 3 is the earliest date Moise could have delivered the application to prison officials for mailing to the court, see Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), we conclude that Moise timely filed his application.

Accordingly, we vacate the district court's order and remand for further proceedings. 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

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.