James Claude Greer, Ii v. Director, VADOC

ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7775
JAMES CLAUDE GREER, II,
Petitioner - Appellant,
v.
Director, VADOC,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:15-cv-00432-GEC-RSB)
Submitted: May 5, 2016 Decided: May 10, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
James Claude Greer, II, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Claude Greer, II, seeks to appeal the district
court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012)
petition. Parties are accorded 30 days after the entry of the
district court’s final judgment or order to note an appeal, Fed.
R. App. P. 4(a)(1)(A), unless the district court extends the
appeal period under Fed. R. App. P. 4(a)(5), or reopens the
appeal period under Fed. R. App. P. 4(a)(6). “[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 Greer is incarcerated, the notice of appeal is
considered filed on the date it was “deposited in the
institution’s internal mailing system.” Fed. R. App. P.
4(c)(1); accord Houston v. Lack, 487 U.S. 266, 276 (1988). In
his petition for rehearing* of our original opinion, Greer avers
that he timely delivered his notice of appeal to the prison
mailroom for filing. The record does not conclusively reveal
when Greer 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 determine this fact
and, having done so, to determine whether the filing was timely
* Because no member of the court has requested a poll,
Greer’s petition for en banc rehearing is denied.

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under Fed. R. App. P. 4(c)(1). The record, as supplemented,
will then be returned to this court for further consideration.
REMANDED

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