US v. Jimmie Grubb

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by DWS, DGM and GSA [4CCA retains jurisdiction]. Originating case number: 3:06-cr-00048-RJC-CH-1,3:11-cv-00125-RJC Copies to all parties and the district court/agency. Mailed to: Jimmie Vance Grubbs. [999272031] [13-7257]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7257

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JIMMIE VANCE GRUBBS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge.
(3:06-cr-00048-RJC-CH-1; 3:11-cv-00125RJC)

Submitted:

December 19, 2013

Decided:

January 7, 2014

Before MOTZ, SHEDD, and AGEE, Circuit Judges.

Remanded by unpublished per curiam opinion.

Jimmie Vance Grubbs, Appellant Pro Se.
Kimlani M. Ford,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jimmie

Vance

Grubbs

seeks

to

appeal

the

district

court’s order dismissing his 28 U.S.C. § 2255 (2012) motion.

In

civil cases in which the United States or its officer or agency
is a party, parties have sixty days after the entry of the
district court’s final judgment or order to file a notice of
appeal.

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

A district court may

extend the time to file a notice of appeal upon a party’s motion
for an extension filed within thirty days after the expiration
of the original appeal period and a showing of excusable neglect
or

good

cause

warranting

an

extension.

Fed.

R.

App.

P.

4(a)(5)(A); Washington v. Bumgarner, 882 F.2d 899, 900-01 (4th
Cir. 1989).
Grubbs’ sixty-day appeal period expired on July 16,
2013.

See Fed. R. App. P. 4(a)(1)(B).

Grubbs’ notice of appeal

was filed, at the earliest, on July 30, 2013, outside the sixtyday appeal period but within the thirty-day excusable neglect
period.

Because Grubbs specifically sought additional time to

file an appeal, we construe Grubbs’ notice of appeal as a Rule
4(a)(5) motion for extension of time.
Accordingly, we remand this case to the district court
for

the

limited

demonstrated

purpose

excusable

of

determining

neglect

or

2

good

whether
cause

Grubbs

warranting

has
an

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extension of the appeal period.

The record, as supplemented,

will then be returned to this court for further consideration.

REMANDED

3