Jesse James v. Barry Faile

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by JHW, DGM and AMD [4CCA retains jurisdiction]. Originating case number: 1:13-cv-00211-DCN Copies to all parties and the district court/agency. Mailed to: Jesse M. James RIDGELAND CORRECTIONAL INSTITUTION P. O. Box 2039 Ridgeland, SC 29936-0000. [999627217] [15-6689]

Appeal: 15-6689

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6689

JESSE M. JAMES,
Plaintiff - Appellant,
v.
SHERIFF BARRY FAILE; MRS. DEBORAH HORNE,
Defendants - Appellees,
and
LANCASTER COUNTY DETENTION CENTER, in Lancaster, SC,
Defendant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken. David C. Norton, District Judge. (1:13cv-00211-DCN)

Submitted:

July 21, 2015

Decided:

July 24, 2015

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Remanded by unpublished per curiam opinion.

Jesse M. James, Appellant Pro Se. David Allan DeMasters, DAVIDSON
& LINDEMANN, PA, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jesse M. James seeks to appeal the district court’s order
adopting the magistrate judge’s recommendation denying relief on
his 42 U.S.C. § 1983 (2012) complaint.
In a civil case in which the United States or its officer or
agency is not a party, parties have 30 days following the entry of
the district court’s final judgment or order in which to file a
notice of appeal.

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

The timely filing

of a notice of appeal is a jurisdictional requirement.
Russell, 551 U.S. 205, 214 (2007).

Bowles v.

However, if a party moves for

an extension of time to appeal within thirty days after expiration
of the original appeal period and demonstrates excusable neglect
or good cause, a district court may extend the time to file a
notice of appeal.

Fed. R. App. P. 4(a)(5)(A); Washington v.

Bumgarner, 882 F.2d 899, 900-01 (4th Cir. 1989).
James’ notice of appeal was received in the district court
after the expiration of the 30-day appeal period but within the
30-day excusable neglect period.

Further, the notice of appeal

arguably reflects a request for an extension of the 30-day appeal
period.
Accordingly, we remand the case for the limited purpose of
enabling the district court to determine whether James adequately
requested such an extension and whether he has shown excusable
neglect or good cause warranting an extension of the appeal period.
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The record, as supplemented, will then be returned to this court
for further consideration.

REMANDED

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