Jorge Gevara v. Betty Inpold

Filing

OPINION DIRECTING LIMITED REMAND filed [4CCA retains jurisdiction]. Originating case number: 3:10-cv-00454-RJC Copies to all parties and the district court/agency. Mailed to: Jorge Gevara. [998958760] [12-6949]

Appeal: 12-6949

Doc: 21

Filed: 10/15/2012

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6949

JORGE GEVARA, a/k/a Jorge Galeas,
Plaintiff - Appellant,
v.
BETTY INPOLD,
Defendant - Appellee,
and
ALVIN W. KELLER, JR.; ROBERT C. LEWIS; RICHARD NEELY;
LAWRENCE PARSONS; JEFFREY T. SMITH; JUDY ATWATER; DENNIS E.
MARSHALL; D. HOUSE; J. HYATT; E. COLEMAN,
Defendants.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cv-00454-RJC)

Submitted:

October 11, 2012

Decided:

October 15, 2012

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Remanded by unpublished per curiam opinion.

Jorge Gevara, Appellant Pro
Assistant
Attorney
General,
Appellee.

Se.
Peter Andrew Regulski,
Raleigh,
North
Carolina,
for

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-6949

Doc: 21

Filed: 10/15/2012

Pg: 2 of 3

PER CURIAM:
Jorge

Gevara

seeks

to

appeal

the

district

court’s

order denying relief on his 42 U.S.C. § 1983 (2006) civil rights
action.

Appellee Betty Inpold moves to dismiss the appeal for

lack of jurisdiction because the notice of appeal was not timely
filed.
After

Gevara has filed a response to the motion to dismiss.
review

of

the

record

and

the

parties’

submissions,

we

remand to the district court.
The district court entered judgment on February 28,
2012, and the notice of appeal was received in this court and
forwarded

to

expiration

the
of

district
the

court

appeal

on

May

period.

15,

2012,

Because

after

the

Gevara

is

incarcerated, the notice is considered filed as of 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 reveals conflicting dates as to when

Gevara

the

gave

notice

of

appeal

to

prison

officials

for

mailing. *
Accordingly, we defer action on the motion to dismiss
and 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 of the notice of appeal was

*

Gevara attests that he delivered the notice of appeal to
prison authorizes for mailing on March 4, 2012 and May 9, 2012.
2

Appeal: 12-6949

Doc: 21

Filed: 10/15/2012

Pg: 3 of 3

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

3