UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7568
BARUCHYAH BEDEYAH HAWKINS, a/k/a Daughton W. Lacey, Jr.,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director, V.D.O.C.,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:15-cv-00382-JLK-RSB)
Submitted: March 31, 2016 Decided: April 13, 2016
Before SHEDD, DUNCAN, and THACKER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Baruchyah Bedeyah Hawkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Baruchyah Bedeyah Hawkins seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2254
(2012) petition. His notice of appeal and objections to the
district court’s dismissal were received in the district court
shortly after expiration of the appeal period. Because Hawkins
is incarcerated, the notice of appeal and objections are
considered filed as of the date they were properly delivered to
prison officials for mailing to the court. See Fed. R. App. P.
4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988). The record
does not conclusively reveal when Hawkins delivered the notice
of appeal or the objections to prison officials for mailing.
Accordingly, we remand the case for the limited purpose of
allowing the district court to determine when the notice of
appeal and the objections were filed, and to take further action
as necessary regarding the objections should the district court
find they were handed to prison officials for mailing within 28
days of the dismissal order, see Fed. R. Civ. P. 59(e). The
record, as supplemented, will then be returned to this court for
further consideration.
REMANDED
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