Public-domain · open source
OpenJurist

33 F. App'x 679

Jenkins v. Wise

U.S. Courts of Appeals

Decided April 30, 2002

U.S. Courts of Appeals · decided 2002-04-30

Relies on Houston v. Lack

Decided 2002-04-30

¶1*680OPINION

PER CURIAM.

¶2The notice of appeal in this case was received in the district court shortly after expiration of the appeal period. Under 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 Appellant delivered it to prison officials for forwarding to the court. The record does not reveal when Appellant delivered the notice of appeal for mailing to the court. Accordingly, we remand the case for the district court to obtain this information from the parties and determine the timeliness of the filing under Houston v. Lack. The record, as supplemented, will then be returned to this court for further consideration.

¶3REMANDED.

/33/fappx/679 · .json · Public domain