Edwin Bladimir Escobar-Salmeron v. Stephen T. Moyer; Corey T. Holland; Co Ii Daniel Arndt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6853
EDWIN BLADIMIR ESCOBAR-SALMERON,
Plaintiff - Appellant,
v.
STEPHEN T. MOYER; COREY T. HOLLAND; CO II DANIEL ARNDT,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Richard D. Bennett, District Judge. (1:19-cv-02717-RDB)
Submitted: May 7, 2021 Decided: May 14, 2021
Before MOTZ, THACKER, and QUATTLEBAUM, Circuit Judges.
Remanded by unpublished per curiam opinion.
Edwin Bladimir Escobar-Salmeron, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Edwin Bladimir Escobar-Salmeron seeks to appeal the district court’s order denying
relief on his 42 U.S.C. § 1983 complaint. The district court received the notice of appeal
shortly after expiration of the appeal period. Because Escobar-Salmeron is incarcerated,
the notice is considered filed as of the date it was 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 reveal when Escobar-Salmeron gave 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 the filing
was timely under Rule 4(c)(1) and Houston. The record, as supplemented, will then be
returned to this court for further consideration.
REMANDED

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