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MYERS v. STEPHENSON

No. 84-6049.

781 F.2d 1036 (1986)

Jerry Lewis MYERS, Appellant, v. Linwood V. STEPHENSON; Attorney General of the State of North Carolina, Rufus L. Edmisten, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1986.

Attorney(s) appearing for the Case

Paul Green, Third-year Student (William A. Reppy, Jr., on brief) for appellant.

Barry S. McNeill, Asst. Atty. Gen. (Rufus L. Edmisten, Atty. Gen. of N.C., on brief) for appellees.

Before MURNAGHAN and SPROUSE, Circuit Judges, and HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation.

SPROUSE, Circuit Judge:

When we previously considered this appeal by Jerry Myers, a North Carolina prisoner, we remanded for further factfinding by the district court to determine if the appeal was timely filed under Fed.R.App.P. 4(a). Myers v. Stephenson, 748 F.2d 202 (4th Cir.1984). See also Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) (en banc). We now conclude that the appeal was...

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