Michael Jackson-El v. Richard Dovey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7059
MICHAEL JACKSON-EL,
Petitioner - Appellant,
v.
RICHARD DOVEY, Warden; BRIAN E. FROSH, The Attorney General of the State
of Maryland,
Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Richard D. Bennett, District Judge. (1:18-cv-03899-RDB)
Submitted: November 19, 2020 Decided: November 24, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Remanded by unpublished per curiam opinion.
Michael Jackson-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Jackson-El, a Maryland inmate, seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 petition. An inmate’s notice of appeal 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)(A); Houston v. Lack, 487 U.S. 266, 276 (1988). Here, the record does not reveal
conclusively when Jackson-El gave the notice of appeal to prison officials for mailing. The
date on the notice of appeal indicates that Jackson-El handed his notice of appeal to prison
officials for mailing within the appeal period, but a date stamp on the envelope that
contained the notice of appeal indicates that prison officials received the notice shortly
after expiration of the appeal period. We therefore remand the case for the limited purpose
of allowing the district court to determine the date on which Jackson-El filed the notice of
appeal 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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