United States of America v.  Haywood Williams, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
 UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 02-6951 
HAYWOOD WILLIAMS, JR.,
Defendant-Appellant. 
Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
Henry C. Morgan, Jr., District Judge.
(CR-44-71-N)
Submitted: September 20, 2002
Decided: October 10, 2002
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Remanded by unpublished per curiam opinion.
COUNSEL
Haywood Williams, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION
PER CURIAM:
Haywood Williams, Jr., alleges that he filed a timely notice of
appeal from the denial of his motion for release of his sealed medical
records and his motion for reconsideration. However, the district
court docket sheet reflects only the filing of a later letter from Wil-
liams inquiring about his appeal. Because, under Houston v. Lack,
487 U.S. 266, 276 (1988), a notice of appeal is considered filed as of
the date Williams delivered it to prison officials for mailing to the
court, the district court docket sheet is not conclusive on this issue.
Thus, we remand the case for the district court to determine whether
Williams filed a timely notice of appeal. The record, as supplemented,
will then be returned to this court for further consideration.
REMANDED
2 UNITED STATES v. WILLIAMS

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