UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6949
JORGE GEVARA, a/k/a Jorge Galeas,
Plaintiff - Appellant,
v.
BETTY INPOLD,
Defendant - Appellee,
and
ALVIN W. KELLER, JR.; ROBERT C. LEWIS; RICHARD NEELY;
LAWRENCE PARSONS; JEFFREY T. SMITH; JUDY ATWATER; DENNIS E.
MARSHALL; D. HOUSE; J. HYATT; E. COLEMAN,
Defendants.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., Chief District Judge. (3:10-cv-00454-RJC)
Submitted: October 11, 2012 Decided: October 15, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Remanded by unpublished per curiam opinion.
Jorge Gevara, Appellant Pro Se. Peter Andrew Regulski,
Assistant Attorney General, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jorge Gevara seeks to appeal the district court’s
order denying relief on his 42 U.S.C. § 1983 (2006) civil rights
action. Appellee Betty Inpold moves to dismiss the appeal for
lack of jurisdiction because the notice of appeal was not timely
filed. Gevara has filed a response to the motion to dismiss.
After review of the record and the parties’ submissions, we
remand to the district court.
The district court entered judgment on February 28,
2012, and the notice of appeal was received in this court and
forwarded to the district court on May 15, 2012, after the
expiration of the appeal period. Because Gevara 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,
276 (1988). The record reveals conflicting dates as to when
Gevara gave the notice of appeal to prison officials for
mailing. *
Accordingly, we defer action on the motion to dismiss
and 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 of the notice of appeal was
*
Gevara attests that he delivered the notice of appeal to
prison authorizes for mailing on March 4, 2012 and May 9, 2012.
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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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