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Rippy-Bey v. North Carolina

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 30, 2013
536 F. App'x 316 (4th Cir. 2013)

Opinion

No. 13-6686

07-30-2013

CHARLES A. RIPPY-BEY, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Respondent - Appellee.

Charles A. Rippy-Bey, Appellant Pro Se


UNPUBLISHED

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:13-cv-00058-CCE-LPA) Before GREGORY, DAVIS, and THACKER, Circuit Judges. Remanded by unpublished per curiam opinion. Charles A. Rippy-Bey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Charles A. Rippy-Bey seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The notice of appeal was received in the district court shortly after expiration of the appeal period. Because Rippy-Bey 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 Rippy-Bey 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


Summaries of

Rippy-Bey v. North Carolina

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 30, 2013
536 F. App'x 316 (4th Cir. 2013)
Case details for

Rippy-Bey v. North Carolina

Case Details

Full title:CHARLES A. RIPPY-BEY, Petitioner - Appellant, v. STATE OF NORTH CAROLINA…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 30, 2013

Citations

536 F. App'x 316 (4th Cir. 2013)

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