Richey Boyd v. Warden, Perry Correctional

USCA4 Appeal: 19-7454 Doc: 6 Filed: 12/15/2020 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7454
RICHEY L. BOYD,
Petitioner - Appellant,
v.
WARDEN, PERRY CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
STATE OF SOUTH CAROLINA,
Respondent.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. Bruce H. Hendricks, District Judge. (5:18-cv-01582-BHH)
Submitted: October 28, 2020 Decided: December 15, 2020
Before AGEE, HARRIS, and QUATTLEBAUM, Circuit Judges.
Remanded by unpublished per curiam opinion.
Richey L. Boyd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 19-7454 Doc: 6 Filed: 12/15/2020 Pg: 2 of 2
PER CURIAM:
Richey L. Boyd seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2254 petition. The district court received the notice of appeal shortly after
expiration of the appeal period. Because Boyd is incarcerated, the notice is considered
filed as of the date it was 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 Boyd gave the notice of appeal to prison officials for mailing. Accordingly,
we remand this case for the limited purpose of determining the timeliness of the filing
under Rule 4(c)(1) and Houston. The record, as supplemented, will then be returned to this
court for further consideration.
REMANDED
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