Robbie Collins v. Anthony Padula, No. 13-7589 (4th Cir. 2014)

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The court issued a subsequent related opinion or order on June 4, 2014.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7589 ROBBIE COLLINS, Petitioner - Appellant, v. ANTHONY PADULA, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Cameron McGowan Currie, Senior District Judge. (2:12-cv-00710-CMC) Submitted: February 11, 2014 Before AGEE and Circuit Judge. DIAZ, Circuit Decided: Judges, and February 19, 2014 HAMILTON, Senior Remanded by unpublished per curiam opinion. Robbie Collins, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Alphonso Simon, Jr., Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robbie Collins seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. ยง 2254 (2012) petition. notice after of appeal expiration was of received the in appeal the district period. court Because The shortly Collins is incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266 (1988). give the Although the record indicates that Collins did not notice of appeal to prison officials until after expiration of the appeal period, Collins claimed in the notice that he had sent an earlier notice of appeal to the district court. The record does not contain any earlier notice of appeal or reveal when Collins may have given any such notice of appeal to prison officials for mailing. Accordingly, we remand the case for the limited 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

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