Ripley v. Robinson ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7103
VERNON RIPLEY,
Petitioner - Appellant,
versus
DAVID ROBINSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CA-04-280-1-GBL)
Submitted: November 30, 2005 Decided: December 15, 2005
Before MICHAEL and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Vernon Ripley, Appellant Pro Se. Amy L. Marshall, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Vernon Ripley seeks to appeal the district court’s order
denying his motions filed pursuant to Fed. R. Civ. P. 59(e) and
60(b). The notice of appeal was received in the district court
shortly after expiration of the appeal period. Under Fed. R. App.
P. 4(c)(1) and Houston v. Lack, 487 U.S. 266 (1988), the notice is
considered filed as of the date Ripley properly delivered it to
prison officials for mailing to the court. The record does not
reveal if or when Ripley complied with the requirements of Fed. R.
App. P. 4(c)(1). Accordingly, we remand the case for 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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