United States v. Spencer Webb , 588 F. App'x 251 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7321
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SPENCER TYRONE WEBB, a/k/a Stanley Cooper, a/k/a Corey
Cooper,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
Chief District Judge. (4:10-cr-00014-RBS-DEM-1)
Submitted: December 16, 2014 Decided: December 19, 2014
Before DUNCAN and DIAZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Spencer Tyrone Webb, Appellant Pro Se. Eric Matthew Hurt,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Spencer Tyrone Webb seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2255 (2012)
motion. Parties in a civil action in which the United States or
an officer or agency of the federal government is a party are
accorded sixty days after the entry of the district court’s
final judgment or order to note an appeal. Fed. R. App. P.
4(a)(1)(B). “[T]he timely filing of a notice of appeal in a
civil case is a jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205, 214 (2007).
Because Webb is incarcerated, the notice of appeal is
considered filed on 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 does not
conclusively reveal when Webb 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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