Baruchyah Hawkins v. Harold Clarke

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 7:15-cv-00382-JLK-RSB. Copies to all parties and the district court/agency. Mailed to: B. Hawkins. [999794330] [15-7568]

Appeal: 15-7568

Doc: 8

Filed: 04/13/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7568

BARUCHYAH BEDEYAH HAWKINS, a/k/a Daughton W. Lacey, Jr.,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director, V.D.O.C.,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Jackson L. Kiser, Senior
District Judge. (7:15-cv-00382-JLK-RSB)

Submitted:

March 31, 2016

Decided:

April 13, 2016

Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

Baruchyah Bedeyah Hawkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7568

Doc: 8

Filed: 04/13/2016

Pg: 2 of 2

PER CURIAM:
Baruchyah

Bedeyah

Hawkins

seeks

to

appeal

the

district

court’s order dismissing without prejudice his 28 U.S.C. § 2254
(2012) petition.

His notice of appeal and objections to the

district court’s dismissal were received in the district court
shortly after expiration of the appeal period.

Because Hawkins

is

objections

incarcerated,

the

notice

of

appeal

and

are

considered filed as of the date they were properly delivered to
prison officials for mailing to the court.

See Fed. R. App. P.

4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).

The record

does not conclusively reveal when Hawkins delivered the notice
of appeal or the objections to prison officials for mailing.
Accordingly, we remand the case for the limited purpose of
allowing

the

district

court

to

determine

when

the

notice

of

appeal and the objections were filed, and to take further action
as necessary regarding the objections should the district court
find they were handed to prison officials for mailing within 28
days of the dismissal order, see Fed. R. Civ. P. 59(e).

The

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

2