UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6279
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CALVIN LEE EVERETTE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CR-01-68; CA-04-358)
Submitted: June 27, 2005 Decided: July 20, 2005
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Calvin Lee Everette, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Calvin Lee Everette seeks to appeal the district court’s
order dismissing his motion under 28 U.S.C. § 2255 (2000). The
notice of appeal was received in the district court shortly after
expiration of the appeal period. Under Fed. R. App. P. 4(c)(1) and
Houston v. Lack, 487 U.S. 266 (1988), the notice is considered
filed as of the date Everette properly delivered it to prison
officials for mailing to the court. The record does not reveal if
or when Everette complied with the requirements of Fed. R. App. P.
4(c)(1). Accordingly, we remand the case for the district court to
obtain this information from the parties and to determine whether
the filing was timely under Fed. R. App. P. 4(c)(1) and Houston v.
Lack. The record, as supplemented, will then be returned to this
court for further consideration.
REMANDED
- 2 -
United States v. Everette
Combined Opinion