Richey Boyd v. Warden, Perry Correctional Institution, No. 19-7454 (4th Cir. 2020)

Annotate this Case

The court issued a subsequent related opinion or order on August 12, 2022.

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7454 RICHEY L. BOYD, Petitioner - Appellant, v. WARDEN, PERRY CORRECTIONAL INSTITUTION, Respondent - Appellee, and STATE OF SOUTH CAROLINA, Respondent. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Bruce H. Hendricks, District Judge. (5:18-cv-01582-BHH) Submitted: October 28, 2020 Decided: December 15, 2020 Before AGEE, HARRIS, and QUATTLEBAUM, Circuit Judges. Remanded by unpublished per curiam opinion. Richey L. Boyd, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richey L. Boyd seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 petition. The district court received the notice of appeal shortly after expiration of the appeal period. Because Boyd is incarcerated, the notice is considered filed as of the date it was delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988). The record does not conclusively reveal when Boyd gave the notice of appeal to prison officials for mailing. Accordingly, we remand this case for the limited purpose of determining the timeliness of the filing under Rule 4(c)(1) and Houston. The record, as supplemented, will then be returned to this court for further consideration. REMANDED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.