United States of America v. Rickey Collins Hoggard

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6387
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICKEY COLLINS HOGGARD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:04-cr-00066-RGD-2; 2:05-cv-00633-RGD)
Submitted: July 31, 2006 Decided: August 18, 2006
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Rickey Collins Hoggard, Appellant Pro Se. Andrew Murdock Robbins,
OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Rickey Collins Hoggard seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2255 (2000) motion. The
notice of appeal was received in the district court shortly after
expiration of the appeal period. Because Hoggard 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 conclusively reveal when Hoggard gave 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
available information from the parties that bears upon this
question 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

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