Jeffrey Young-Bey v. David Blumberg, No. 11-7600 (4th Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on August 20, 2012.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7600 JEFFREY MAURICE YOUNG-BEY, Plaintiff Appellant, v. DAVID R. BLUMBERG, Chairman; RUTH OGLE, Project Manager, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:10-cv-02448-JFM) Submitted: July 30, 2012 Decided: August 20, 2012 Before NIEMEYER, FLOYD, and THACKER, Circuit Judges. Remanded by unpublished per curiam opinion. Jeffrey Maurice Young-Bey, Appellant Pro Se. Susan Howe Baron, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Pikesville, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jeffrey Maurice Young-Bey seeks to appeal the district court s order complaint. denying relief on his 42 U.S.C. ยง 1983 (2006) The Appellees have filed a motion to dismiss the appeal, arguing that the notice of appeal, which was received in the district court shortly period, was untimely. notice is considered after expiration of the appeal Because Young-Bey is incarcerated, the 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 parties filings do not conclusively determine when Young-Bey 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 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

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