UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6694
WARREN RUSSELL,
Petitioner - Appellant,
v.
WARDEN REYNOLDS,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. J. Michelle Childs, District
Judge. (9:14-cv-04035-JMC)
Submitted: October 20, 2016 Decided: November 16, 2016
Before MOTZ, TRAXLER, and KEENAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Warren Russell, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Warren Russell seeks to appeal the district court’s order
adopting the magistrate judge’s recommendation and denying
relief on Russell’s 28 U.S.C. § 2254 (2012) petition. The
notice of appeal was received in the district court shortly
after expiration of the appeal period. Because Russell 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 reveal when Russell 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 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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