Otis T. Madison v. Director of the Virginia Dept.
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.  [16-6831]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
OTIS T. MADISON,
Petitioner - Appellant,
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
October 18, 2016
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Remanded by unpublished per curiam opinion.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,
Unpublished opinions are not binding precedent in this circuit.
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Otis T. Madison seeks to appeal the district court’s order
relief on his 28 U.S.C. § 2254 (2012) petition.
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).
“[T]he timely filing of a notice of appeal in
Russell, 551 U.S. 205, 214 (2007).
Because Madison is incarcerated, the notice of appeal is
4(c)(1); accord Houston v. Lack, 487 U.S. 266, 276 (1988).
record does not conclusively reveal when Madison delivered the
notice of appeal to prison officials for mailing.
district court to determine this fact and, having done so, to
determine whether the filing was timely under Fed. R. App. P.
The record, as supplemented, will then be returned to
this court for further consideration.
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