UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6086
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
QUENTIN DAWAN HAYES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:10-cr-00941-RBH-2; 4:13-cv-02832-RBH)
Submitted: March 27, 2014 Decided: April 1, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Remanded by unpublished per curiam opinion.
Quentin Dawan Hayes, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Quentin Dawan Hayes seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2255 (2012) motion.
Parties in a civil action in which the United States or an
officer or agency of the federal government is a party are
accorded sixty days after the entry of the district court’s
final judgment or order to note an appeal. Fed. R. App. P.
4(a)(1)(B). This time period is “mandatory and jurisdictional.”
Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264 (1978)
(internal quotation marks omitted); see also Bowles v. Russell,
551 U.S. 205, 214 (2007) (“[T]he timely filing of a notice of
appeal in a civil case is a jurisdictional requirement.”).
Because Hayes is incarcerated, the notice of appeal is
considered filed on the date it was properly delivered to prison
officials for mailing to the court. Fed. R. App. P. 4(c)(1);
Houston v. Lack, 487 U.S. 266 (1988). The record does not
conclusively reveal when Hayes delivered the notice of appeal to
prison officials for mailing. Accordingly, we remand the case
for the limited purpose of allowing 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
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