Juan Contreras v. Charles Ratledge

U.S. Court of Appeals for the Fourth Circuit
Juan Contreras v. Charles Ratledge, 677 F. App'x 128 (4th Cir. 2017)
Duncan, Gregory, Hamilton, Per Curiam

Juan Contreras v. Charles Ratledge

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Juan Antonio Contreras, a federal prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C, § 2241 (2012) petition. Parties in a civil action in which the United States or an officer or agency of the federal government is a party are accorded sixty days after the entry of the district court’s final judgment or order to note an appeal. Fed. R. App. P. 4(a)(1)(B). “[T]he timely filing of a notice of appeal in a civil case is a *129 jurisdictional requirement.” Bowles v. Russeu, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

Because Contreras is incarcerated, the notice of appeal is considered filed on the date that he delivered it to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). The record does not conclusively establish when Contreras delivered the notice of appeal to prison officials for mailing. Accordingly, we remand this case for the limited purpose of allowing the district court to obtain this information from the parties and to determine whether Contreras timely filed his notice of appeal. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED

Reference

Full Case Name
Juan Antonio CONTRERAS, Petitioner-Appellant, v. Charles RATLEDGE, Respondent-Appellee
Status
Unpublished