Fernando Horton v. Frank Bishop

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by JHW, JAW and SDT [4CCA retains jurisdiction]. Originating case number: 1:13-cv-03538-WDQ Copies to all parties and the district court/agency. Mailed to: Fernando Grady Horton WESTERN CORRECTIONAL INSTITUTION 13800 McMullen Highway, SW Cumberland, MD 21502-2150. [999651629] [15-6695]

Appeal: 15-6695

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Filed: 09/01/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6695

FERNANDO GRADY HORTON,
Petitioner – Appellant,
v.
FRANK BISHOP, Warden; THE ATTORNEY GENERAL OF THE STATE OF
MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William D. Quarles, Jr., District
Judge. (1:13-cv-03538-WDQ)

Submitted:

August 28, 2015

Decided:

September 1, 2015

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

Fernando Grady Horton, Appellant Pro Se. Edward John Kelley,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6695

Doc: 10

Filed: 09/01/2015

Pg: 2 of 2

PER CURIAM:
Fernando Grady Horton seeks to appeal the district court’s
order dismissing Horton’s 28 U.S.C. § 2254 (2012) petition.
notice

of

expiration

appeal
of

was

received

the

appeal

in

this

period.

court

shortly

Because

The
after

Horton

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

(1988).
of

The record does not reveal when Horton gave the notice

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

2