Warren Russell v. Warden Reynold

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 9:14-cv-04035-JMC Copies to all parties and the district court/agency. Mailed to: Warren Russell. [999968978] [16-6694]

Appeal: 16-6694

Doc: 7

Filed: 11/16/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6694

WARREN RUSSELL,
Petitioner - Appellant,
v.
WARDEN REYNOLDS,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
J. Michelle Childs, District
Judge. (9:14-cv-04035-JMC)

Submitted:

October 20, 2016

Decided:

November 16, 2016

Before MOTZ, TRAXLER, and KEENAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Warren Russell, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant
Attorney
General,
Melody
Jane
Brown,
Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6694

Doc: 7

Filed: 11/16/2016

Pg: 2 of 2

PER CURIAM:
Warren Russell seeks to appeal the district court’s order
adopting

the

magistrate

relief

on

Russell’s

notice

of

appeal

after

expiration

28

was
of

judge’s
U.S.C.

received
the

recommendation

§ 2254
in

appeal

the

(2012)

denying

petition.

district

period.

and

court

Because

The

shortly

Russell

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).

The record does not reveal when Russell 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 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