Burnice Hinnant, Jr. v. State of North Carolina
OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 5:15-hc-02283-FL. Copies to all parties and the district court. Mailed to: Appellant.  [16-7073]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BURNICE ANTWON HINNANT, JR.,
Petitioner - Appellant,
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:15-hc-02283-FL)
December 15, 2016
December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Remanded by unpublished per curiam opinion.
Burnice Antwon Hinnant, Jr., Appellant Pro Se.
DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Burnice Antwon Hinnant, Jr., seeks to appeal the district
The notice of appeal was received in the district
court shortly after expiration of the appeal period.
Hinnant is incarcerated, the notice is considered filed as of
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 Hinnant
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
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