United States v. Harris ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7264
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PATRICK LAMAR HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (4:94-cr-00297-CWH-6; 4:07-cv-70075-CWH)
Submitted: December 16, 2008 Decided: December 30, 2008
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Patrick Lamar Harris, Appellant Pro Se. Marshall Prince II,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Patrick Lamar Harris seeks to appeal the district
court’s orders denying his motion filed under 28 U.S.C. § 2255(2000) and for reconsideration. The notice of appeal was
received in the district court after expiration of the appeal
period. Because Harris 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 Harris 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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