James Platts v. Terry O'Brien , 588 F. App'x 245 ( 2014 )


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  •                                  UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7547
    JAMES C. PLATTS,
    Petitioner - Appellant,
    v.
    TERRY O’BRIEN, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg.    Irene M. Keeley,
    District Judge. (1:13-cv-00257-IMK-RWT)
    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    Remanded by unpublished per curiam opinion.
    James C. Platts, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    James   C.     Platts,    a    federal      prisoner,        appeals   the
    district court’s order adopting the magistrate judge’s amended
    recommendation and denying relief on his 28 U.S.C. § 2241 (2012)
    petition.     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 Platts 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 Platts 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
    

Document Info

Docket Number: 14-7547

Citation Numbers: 588 F. App'x 245

Judges: Duncan, Diaz, Davis

Filed Date: 12/19/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024