James Platts v. Terry O'Brien , 588 F. App'x 245 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7547
JAMES C. PLATTS,
Petitioner - Appellant,
v.
TERRY O’BRIEN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley,
District Judge. (1:13-cv-00257-IMK-RWT)
Submitted: December 16, 2014 Decided: December 19, 2014
Before DUNCAN and DIAZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
James C. Platts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James C. Platts, a federal prisoner, appeals the
district court’s order adopting the magistrate judge’s amended
recommendation and denying relief on his 28 U.S.C. § 2241 (2012)
petition. Parties in a civil action in which the United States
or an officer or agency of the federal government is a party are
accorded sixty days after the entry of the district court’s
final judgment or order to note an appeal. Fed. R. App. P.
4(a)(1)(B). “[T]he timely filing of a notice of appeal in a
civil case is a jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205, 214 (2007).
Because Platts is incarcerated, the notice of appeal
is considered filed on 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, 276 (1988). The record
does not conclusively reveal when Platts delivered 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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