United States v. Williams

47 F. App'x 682

Opinion

OPINION

PER CURIAM.

Haywood Williams, Jr., alleges that he filed a timely notice of appeal from the denial of his motion for release of his sealed medical records and his motion for reconsideration. However, the district court docket sheet reflects only the filing of a later letter from Williams inquiring about his appeal. Because, under Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), a notice of appeal is considered filed as of the date Williams delivered it to prison officials for mailing to the court, the district court docket sheet is not conclusive on this issue. Thus, we remand the case for the district court to determine whether Williams filed a timely notice of appeal. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED.