UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6457
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ARTHUR TRACY VICK,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:11-cr-00352-BR-1; 5:14-cv-00359-BR)
Submitted: August 27, 2015 Decided: August 31, 2015
Before GREGORY, AGEE, and THACKER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Arthur Tracy Vick, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arthur Tracy Vick seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion. The
notice of appeal and motion for a certificate of appealability
were received in the district court after expiration of the
appeal period. Because Vick is incarcerated, the notice of
appeal is considered filed as of 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 reveal when Vick gave 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 Rule 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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