Ibrahim Jabbar v. C. Woody

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by JHW, RBK and AD [4CCA retains jurisdiction]. Originating case number: 1:09-cv-00246-TSE-TCB Copies to all parties and the district court/agency.. [998597757] [10-7506]

Appeal: 10-7506

Document: 15

Date Filed: 05/25/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7506

IBRAHIM ABDULLAH JABBAR,
Plaintiff – Appellant,
v.
C. T. WOODY, Sheriff; CAPT. ROBINSON, Medical Dept. Sup.;
DR. FURMAN, Head Doctor, RCJ; DEPUTY HARRIS, Mailroom; NURSE
FORD, Medical Dept. RCJ; SGT. JONES, Grievance Coordinator;
LT. COLONEL BURNETT, Jail Operations; MAJ. ROBINSON, Medical
Dept. Supervisor; CAPT. MCREA, Jail Operations RCJ; CHAPLAIN
PRUITT, Under Sheriff, RCJ,
Defendants – Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:09-cv-00246-TSE-TCB)

Submitted:

May 18, 2011

Decided:

May 25, 2011

Before WILKINSON, KING, and DIAZ, Circuit Judges.

Remanded by unpublished per curiam opinion.

Ibrahim Abdullah Jabbar, Appellant Pro Se. Thomas Douglas Lane,
THOMPSON MCMULLAN PC, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-7506

Document: 15

Date Filed: 05/25/2011

Page: 2 of 3

PER CURIAM:
Ibrahim Jabbar seeks to appeal the district court’s
orders denying relief on his 42 U.S.C. § 1983 (2006) complaint.
The district court’s final order was entered on September 10,
2010.

We construe Jabbar’s notice of appeal as having been

filed, at the earliest, on October 20, 2010, the date on his
notice of appeal.

See Fed. R. App. P. 4(c)(1); Houston v. Lack,

487 U.S. 266, 277 (1988).

In his notice of appeal, Jabbar

stated that he did not receive notice of the district court’s
order until October 19, 2010. *
Parties are accorded thirty days after 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)

appeal period under Fed. R. App. P. 4(a)(6).
is “mandatory and jurisdictional.”

or

reopens

the

This appeal period

Browder v. Dir., Dep’t of

Corr., 434 U.S. 257, 264 (1978) (internal quotation marks and
citation omitted); see also Bowles v. Russell, 551 U.S. 205, 214
(2007) (“Today we make clear that the timely filing of a notice
of appeal in a civil case is a jurisdictional requirement.”).

*

The record reflects Jabbar informed the district court of
a change of address on September 11, 2010.

2

Appeal: 10-7506

Document: 15

Jabbar’s

Date Filed: 05/25/2011

notice

of

appeal

Page: 3 of 3

is

clearly

untimely.

However, under Rule 4(a)(6), the district court may reopen the
time to file an appeal if (1) the moving party did not receive
notice of entry of judgment within twenty-one days after entry,
(2) the motion is filed within 180 days of entry of judgment or
within

fourteen

days

of

receiving

notice

from

the

court,

whichever is earlier, and (3) no party would be prejudiced.

We

remand for the limited purpose of permitting the district court
to determine whether Jabbar is entitled to the benefit of Rule
4(a)(6) to reopen the time to file an appeal.

The record, as

supplemented, will then be returned to this court for further
consideration.
REMANDED

3