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. [999952091] [16-6831]

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Appeal: 16-6831 Doc: 12 Filed: 10/21/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6831 OTIS T. MADISON, Petitioner - Appellant, v. DIRECTOR OF THE VIRGINIA DEPARTMENT OF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 Remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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