UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6054
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERICKA L. FLOOD, a/k/a Ericka Lomick,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00124-MOC-2; 3:12-cv-00186-MOC)
Submitted: May 8, 2013 Decided: May 13, 2013
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Ericka L. Flood, Appellant Pro Se. Kurt William Meyers,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ericka L. Flood seeks to appeal the district court’s
order granting the Government’s motion for summary judgment and
dismissing her 28 U.S.C.A. § 2255 (West Supp. 2012) motion.
Although the docketed notice of appeal was received well outside
the expiration of the appeal period, Flood indicates that she
previously delivered her notice of appeal to prison officials on
August 15, 2012, only seven days after the district court
entered its order and well within the sixty-day appeal period.
Fed. R. App. P. 4(a)(1)(B). Because Flood 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 Flood 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
2