UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7600
JEFFREY MAURICE YOUNG-BEY,
Plaintiff – Appellant,
v.
DAVID R. BLUMBERG, Chairman; RUTH OGLE, Project Manager,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
Judge. (1:10-cv-02448-JFM)
Submitted: July 30, 2012 Decided: August 20, 2012
Before NIEMEYER, FLOYD, and THACKER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Jeffrey Maurice Young-Bey, Appellant Pro Se. Susan Howe Baron,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Pikesville,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeffrey Maurice Young-Bey seeks to appeal the district
court’s order denying relief on his 42 U.S.C. § 1983 (2006)
complaint. The Appellees have filed a motion to dismiss the
appeal, arguing that the notice of appeal, which was received in
the district court shortly after expiration of the appeal
period, was untimely. Because Young-Bey 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
parties’ filings do not conclusively determine when Young-Bey
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 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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