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United States v. Doctor

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 26, 2018
No. 18-6046 (4th Cir. Jun. 26, 2018)

Opinion

No. 18-6046

06-26-2018

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KAREEM ANTWAN DOCTOR, Defendant - Appellant.

Kareem Antwan Doctor, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, Senior District Judge. (2:13-cr-00811-PMD-1; 2:17-cv-02164-PMD) Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Remanded by unpublished per curiam opinion. Kareem Antwan Doctor, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kareem Antwan Doctor seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2012) motion. Although the docketed notice of appeal was received after the expiration of the appeal period, Doctor signed the notice of appeal on August 24, 2017, within the 60-day appeal period. Fed. R. App. P. 4(a)(1)(B). Because Doctor 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, 276 (1988). The record does not conclusively establish whether Doctor provided a notice of appeal to prison officials prior to the expiration of the appeal period. Accordingly, we remand the case for the limited purpose of allowing the district court to make this finding so that we can determine whether Doctor timely filed his notice of appeal 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

United States v. Doctor

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 26, 2018
No. 18-6046 (4th Cir. Jun. 26, 2018)
Case details for

United States v. Doctor

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KAREEM ANTWAN DOCTOR…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 26, 2018

Citations

No. 18-6046 (4th Cir. Jun. 26, 2018)

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United States v. Doctor

Kareem Antwan Doctor seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2012)…