US v. Arthur Vick

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by GSA, RLG and SDT [4CCA retains jurisdiction]. Originating case number: 5:11-cr-00352-BR-1,5:14-cv-00359-BR Copies to all parties and the district court/agency. Mailed to: Arthur Vick. [999650381] [15-6457]

Appeal: 15-6457

Doc: 10

Filed: 08/31/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6457

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ARTHUR TRACY VICK,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:11-cr-00352-BR-1; 5:14-cv-00359-BR)

Submitted:

August 27, 2015

Decided:

August 31, 2015

Before GREGORY, AGEE, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

Arthur Tracy Vick, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6457

Doc: 10

Filed: 08/31/2015

Pg: 2 of 2

PER CURIAM:
Arthur

Tracy

Vick

seeks

to

appeal

the

district

court’s

order denying relief on his 28 U.S.C. § 2255 (2012) motion.

The

notice of appeal and motion for a certificate of appealability
were received
appeal

period.

appeal

is

in

the

district

Because

considered

court

Vick

filed

is

as

of

after

expiration

incarcerated,
the

date

it

the

of

notice

was

delivered to prison officials for mailing to the court.

the
of

properly
Fed. R.

App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266 (1988).

The

record does not reveal when Vick gave 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 Rule 4(c)(1) and Houston v. Lack.

The

record, as supplemented, will then be returned to this court for
further consideration.

REMANDED

2