Sylvia Caravetta v. James River Insurance Company

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by JHW, PVN and SDT [4CCA retains jurisdiction]. Originating case number: 1:11-cv-00540-JCC-JFA Copies to all parties and the district court/agency. Mailed to: Sylvia Caravetta. [998875808] [12-1106]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1106

SYLVIA CARAVETTA,
Plaintiff - Appellant,
v.
JAMES RIVER INSURANCE COMPANY,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:11-cv-00540-JCC-JFA)

Submitted:

June 12, 2012

Decided:

June 15, 2012

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Remanded by unpublished per curiam opinion.

Sylvia Caravetta, Appellant Pro Se.
WILSON, ELSER, MOSKOWITZ, EDELMAN &
Virginia, for Appellee.

Cynthia
DICKER,

Lee Santoni,
LLP, McLean,

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sylvia Caravetta seeks to appeal the district court’s
order dismissing her civil complaint with prejudice.

In civil

actions in which the United States or its officer or agency is
not a party, a notice of appeal must be filed with the district
court within thirty days after entry of the district court’s
final judgment or order.
timely

filing

of

a

Fed. R. App. P. 4(a)(1)(A).

notice

of

jurisdictional requirement.”
214 (2007).

appeal

in

a

civil

“[T]he

case

is

a

Bowles v. Russell, 551 U.S. 205,

The district court may extend the filing time if “a

party so moves no later than 30 days after the time prescribed
by

.

.

.

Rule

4(a)

expires”

neglect or good cause.
The
complaint

entered

the

party

shows

excusable

Fed. R. App. P. 4(a)(5)(A)(i)-(ii).

district

was

and

court’s
on

order

December

21,

dismissing
2011.

Caravetta’s

Caravetta

had

thirty days, or until Friday, January 20, 2012, to file a notice
of appeal.

Caravetta filed her notice of appeal on Monday,

January 23, 2012, thirty-three days after judgment was entered.
Although Caravetta’s notice of appeal was not timely
filed,

it

was

filed

within

the

thirty-day

excusable

period provided by Fed. R. App. P. 4(a)(5)(A)(i).

neglect

Further, the

notice of appeal reflects a request for an extension of the
thirty-day appeal period.

Accordingly, we remand this case to

the district court for the limited purpose of enabling the court
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to determine whether Caravetta has shown excusable neglect or
good cause warranting an extension of the appeal period.

The

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

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