UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7990
MARION LAMONT SHERROD,
Plaintiff - Appellant,
v.
LAWRENCE PARSONS; JEFFREY WALL; KIERNAN SHANAHAN; K.
GOODWIN, Correctional Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
Chief District Judge. (3:15-cv-00068-FDW)
Submitted: May 31, 2016 Decided: July 26, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Remanded by unpublished per curiam opinion.
Marion Lamont Sherrod, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marion Lamont Sherrod seeks to appeal the district court’s
orders, filed on June 1 and June 22, 2015, dismissing his
42 U.S.C. § 1983 (2012) action and denying his motion to
reconsider. Although the docketed notice of appeal was received
well outside the expiration of the appeal period, Sherrod
indicates that he previously delivered his notice of appeal to
prison officials on July 12, 2015, within the 30-day appeal
period. Fed. R. App. P. 4(a)(1)(A). Because Sherrod is
incarcerated, the notice 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 conclusively reveal when Sherrod
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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