Marion Sherrod v. Lawrence Parsons, No. 15-7990 (4th Cir. 2016)
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The court issued a subsequent related opinion or order on March 10, 2017.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7990 MARION LAMONT SHERROD, Plaintiff - Appellant, v. LAWRENCE PARSONS; JEFFREY WALL; GOODWIN, Correctional Officer, KIERNAN SHANAHAN; K. Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:15-cv-00068-FDW) Submitted: May 31, 2016 Decided: July 26, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Remanded by unpublished per curiam opinion. Marion Lamont Sherrod, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marion Lamont Sherrod seeks to appeal the district court’s orders, filed 42 U.S.C. § reconsider. well on June 1983 1 (2012) and June action 22, and 2015, dismissing denying his motion his to Although the docketed notice of appeal was received outside the expiration of the appeal period, Sherrod indicates that he previously delivered his notice of appeal to prison period. officials Fed. on R. July App. 12, P. 2015, within 4(a)(1)(A). the 30-day Because appeal Sherrod is incarcerated, the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court. (1988). Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266 The record does not conclusively reveal when Sherrod delivered the 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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