Filed: Mar. 31, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7638 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL JUNIOR MCNEIL, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:10-cr-00406-WO-1; 1:13-cv-00718- WO-LPA) Submitted: March 29, 2016 Decided: March 31, 2016 Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Remande
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7638 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DANIEL JUNIOR MCNEIL, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:10-cr-00406-WO-1; 1:13-cv-00718- WO-LPA) Submitted: March 29, 2016 Decided: March 31, 2016 Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Remanded..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7638
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL JUNIOR MCNEIL,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., Chief District Judge. (1:10-cr-00406-WO-1; 1:13-cv-00718-
WO-LPA)
Submitted: March 29, 2016 Decided: March 31, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Daniel Junior McNeil, Appellant Pro Se. Lisa Blue Boggs,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Junior McNeil, a federal prisoner, seeks to appeal
the district court’s order adopting the magistrate judge’s
recommendation and denying relief on his 28 U.S.C. § 2255 (2012)
motion. Parties in a civil action in which the United States is
a party have 60 days following entry of judgment in which to
file a notice of appeal. Fed. R. App. P. 4(a)(1)(B). “[T]he
timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205,
214 (2007).
Because McNeil is incarcerated, the notice of appeal is
considered filed on 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 reveal when McNeil delivered 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
2