Burnice Hinnant, Jr. v. State of North Carolina

Filing

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. [999990410] [16-7073]

Appeal: 16-7073

Doc: 8

Filed: 12/20/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7073

BURNICE ANTWON HINNANT, JR.,
Petitioner - Appellant,
v.
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)

Submitted:

December 15, 2016

Decided:

December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Remanded by unpublished per curiam opinion.

Burnice Antwon Hinnant, Jr., Appellant Pro Se.
Clarence Joe
DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7073

Doc: 8

Filed: 12/20/2016

Pg: 2 of 2

PER CURIAM:
Burnice Antwon Hinnant, Jr., seeks to appeal the district
court’s

order

petition.

denying

relief

on

his

28

U.S.C.

§ 2254

(2012)

The notice of appeal was received in the district

court shortly after expiration of the appeal period.

Because

Hinnant 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 Hinnant

gave

the

notice

Accordingly,

we

of

appeal

remand

the

to

prison

case

for

officials
the

for

limited

mailing.

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