United States of America v. Ortez Antoine Propst

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6282
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ORTEZ ANTOINE PROPST,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-99-325, CA-01-176-1)
Submitted: June 25, 2003 Decided: July 15, 2003
Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Ortez Antoine Propst, Appellant Pro Se. Steven Hale Levin, OFFICE
OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Ortez Antoine Propst seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000), and a subsequent order denying his motion for
reconsideration. The notice of appeal was received in the district
court shortly after expiration of the appeal period. Under Fed. R.
App. P. 4(c)(1) and Houston v. Lack, 487 U.S. 266 (1988), the
notice of appeal is considered filed as of the date Propst properly
delivered it to prison officials for mailing to the court. The
record does not reveal if or when Propst complied with the
requirements of Fed. R. App. P. 4(c)(1). Accordingly, we remand
the case for 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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