Otis T. Madison v. Director of the Virginia Dept.
Filing
OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 3:15-cv-00422-HEH-RCY Copies to all parties and the district court/agency. Mailed to: Otis T. Madison WALLENS RIDGE STATE PRISON P. O. Box 759 Big Stone Gap, VA 24219. [999952091] [16-6831]
Appeal: 16-6831
Doc: 12
Filed: 10/21/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6831
OTIS T. MADISON,
Petitioner - Appellant,
v.
DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:15-cv-00422-HEH-RCY)
Submitted:
October 18, 2016
Decided:
October 21, 2016
Before WILKINSON, KING, and FLOYD, Circuit Judges.
Remanded by unpublished per curiam opinion.
Otis T. Madison, Appellant Pro Se.
Aaron Jennings Campbell,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-6831
Doc: 12
Filed: 10/21/2016
Pg: 2 of 2
PER CURIAM:
Otis T. Madison seeks to appeal the district court’s order
accepting
the
magistrate
judge’s
recommendation
relief on his 28 U.S.C. § 2254 (2012) petition.
and
denying
Parties are
accorded 30 days after the entry of the district court’s final
judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A),
unless the district court extends the appeal period under Fed.
R. App. P. 4(a)(5), or reopens the appeal period under Fed. R.
App. P. 4(a)(6).
a
civil
case
is
“[T]he timely filing of a notice of appeal in
a
jurisdictional
requirement.”
Bowles
v.
Russell, 551 U.S. 205, 214 (2007).
Because Madison is incarcerated, the notice of appeal is
considered
filed
institution’s
on
the
internal
date
mailing
it
was
system.”
“deposited
Fed.
R.
in
the
App.
P.
4(c)(1); accord Houston v. Lack, 487 U.S. 266, 276 (1988).
The
record does not conclusively reveal when Madison delivered the
notice of appeal to prison officials for mailing.
we
remand
the
case
for
the
limited
purpose
of
Accordingly,
allowing
the
district court to determine this fact and, having done so, to
determine whether the filing was timely under Fed. R. App. P.
4(c)(1).
The record, as supplemented, will then be returned to
this court for further consideration.
REMANDED
2
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