Phillip Mark Shafer v. CHRISTINE ELLIS, Individually & Officially, DANA MAYLON, Ethics Commissioner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7689
PHILLIP MARK SHAFER,
Plaintiff - Appellant,
v.
CHRISTINE ELLIS, Individually & Officially, DANA MAYLON,
Ethics Commissioner,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messittee, Senior District
Judge. (8:08-cv-00482-PJM)
Submitted: May 28, 2009 Decided: June 3, 2009
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Remanded by unpublished per curiam opinion.
Phillip Mark Shafer, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Phillip Mark Shafer seeks to appeal the district
court’s order dismissing without prejudice his complaint in
which he asserted that the transcripts of his state trial were
altered. The notice of appeal was received in the district
court after expiration of the appeal period, but Shafer asserts
that it was filed within the appeal period. Because Shafer 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 reveal when Shafer 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 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

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