Phillip Shafer v. Christine Ellis

Filing 920090603

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7689

PHILLIP MARK SHAFER, Plaintiff - Appellant, v. CHRISTINE ELLIS, Individually Ethics Commissioner, & Officially, DANA MAYLON,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messittee, Senior District Judge. (8:08-cv-00482-PJM)

Submitted:

May 28, 2009

Decided:

June 3, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Remanded by unpublished per curiam opinion.

Phillip Mark Shafer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Phillip court's order Mark Shafer seeks to appeal his the district in

dismissing

without

prejudice

complaint

which he asserted that the transcripts of his state trial were altered. The notice of appeal was received in the district

court after expiration of the appeal period, but Shafer asserts that it was filed within the appeal period. Because Shafer is

incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court. (1988). of Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266 The record does not reveal when Shafer gave the notice to prison officials for mailing. Accordingly, we

appeal

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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