Eton Rose seeks to appeal the denial of relief on his motion filed under 28 U.S.C. § 2255 (2000). The notice of appeal was received in the district court approximately seven days after the expiration of the appeal period. Under Fed. RApp. P. 4(c)(1) and Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), the notice is considered filed as of the date Rose properly delivered it to prison officials for mailing to the court. The record does not reveal if or when Rose 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