
    Clarence J. PERRY, Jr., Petitioner-Appellant, v. Ronald J. ANGELONE, Director of the Virginia Department of Corrections, Respondent-Appellee.
    No. 01-7608.
    United States Court of Appeals, Fourth Circuit.
    Submitted Jan. 14, 2002.
    Decided Feb. 8, 2002.
    Clarence J. Perry, Jr., Appellant Pro Se. Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
   OPINION

PER CURIAM.

Clarence J. Perry seeks to appeal the district court’s order entered on January 10, 2001, dismissing his 28 U.S.C.A. § 2254 (West 1994 & Supp.2001) petition. Appellant had thirty days after entry of the district court’s order to file his notice of appeal. See Fed. R.App. P. 4(a)(1)(A). Appellant’s notice of appeal was received in the district court on September 10, 2001, nine months late. However, Appellant has provided documentation that he contends shows he mailed his notice of appeal through a prison mail system on January 22, 2001, within the thirty-day time period provided by Fed. R.App. P. 4(a)(1)(A). Because there is a factual dispute as to the timeliness of Perry’s filing of the notice of appeal, we remand the case to the district court to determine the timeliness of Perry’s filing. The record, as supplemented, will then be returned to this court for further consideration.

REMANDED. 
      
       By this remand, we indicate no view as to the appropriate resolution of the timeliness of Perry's notice of appeal.
     