United States v. Walker ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7848
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RONALD E. WALKER,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph Robert Goodwin,
District Judge. (2:01-cr-00103; 2:03-2193)
Submitted: May 23, 2007 Decided: July 10, 2007
Before WILLIAMS, Chief Judge, and NIEMEYER and GREGORY, Circuit
Judges.
Remanded by unpublished per curiam opinion.
Ronald E. Walker, Appellant Pro Se. Stephanie Lou Haines, OFFICE OF
THE UNITED STATES ATTORNEY, Huntington, West Virginia; Michael Lee
Keller, OFFICE OF THE UNITED STATES ATTORNEY, Samuel David Marsh,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald E. Walker seeks to appeal the district court’s
order denying his 28 U.S.C. § 2255 (2000) motion. The notice of
appeal was received in the district court shortly after expiration
of the appeal period. Because Walker 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 Walker 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
- 2 -