BOYD v. State of South Carolina, Respondent. (2020)

United States Court of Appeals, Fourth Circuit.

Richey L. BOYD, Petitioner - Appellant, v. WARDEN, PERRY CORRECTIONAL INSTITUTION, Respondent - Appellee, State of South Carolina, Respondent.

No. 19-7454

Decided: December 15, 2020

Before AGEE, HARRIS, and QUATTLEBAUM, Circuit Judges.

Richey L. Boyd, Pro Se Melody Jane Brown, Senior Assistant Deputy Attorney General, William Edgar Salter, III, Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, SC, Respondent-Appellee

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, 108 S.Ct. 2379, 101 L.Ed.2d 245 (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

PER CURIAM:

Remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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