Opinion
8:22-cv-1877-JD-JDA
04-24-2024
Fred R. Halcomb, Jr., Petitioner, v. Warden Truitt, Respondent.
ORDER AND OPINION
Joseph Dawson, III United States District Judge
This matter is before the Court on limited remand from the United States Court of Appeals for the Fourth Circuit. Specifically, the Fourth Circuit requested that the Court determine whether Petitioner timely noted an appeal under Rule 4(c)(1) and Houston v. Lack, 487 U.S. 266 (1988)(the notice is considered filed as of the date it was properly delivered to prison officials for mailing to the court). See Fed. R. App. P. 4(c)(1). The Court concludes that Petitioner's notice of appeal satisfies Rule 4(a)'s requirements as it was received by the prison mail room before his time to file a notice of appeal elapsed.
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
Petitioner is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.