US v. Chadriquez William

Filing

OPINION DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 4:09-cr-00039-MFU-RSB-1,4:13-cv-80576-SGW-RSB. Copies to all parties and the district court. Mailed to: Chadriquez Williams. [999779116] [15-7914]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7914

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHADRIQUEZ DEVON WILLIAMS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Michael F. Urbanski,
District Judge.
(4:09-cr-00039-MFU-RSB-1; 4:13-cv-80576-SGWRSB)

Submitted:

March 17, 2016

Decided:

March 22, 2016

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Remanded by unpublished per curiam opinion.

Chadriquez Devon Williams, Appellant Pro Se.
Ronald Andrew
Bassford, Assistant United States Attorney, Roanoke, Virginia,
Jean
Barrett
Hudson,
Assistant
United
States
Attorney,
Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Chadriquez
court’s

order

Devon

Williams

denying

his

seeks

Fed.

R.

to

Civ.

appeal
P.

the

60(b)

district

motion

for

reconsideration of its prior order denying his 28 U.S.C. § 2255
(2012) motion.

When the United States or its officer or agency

is a party, the notice of appeal must be filed no more than 60
days after the entry of the district court’s final judgment or
order, Fed. R. App. P. 4(a)(1)(B), unless the district court
extends the appeal period under Fed. R. App. P. 4(a)(5), or
reopens the appeal period under Fed. R. App. P. 4(a)(6).
timely

filing

of

a

notice

jurisdictional requirement.”

of

appeal

in

a

civil

“[T]he

case

is

a

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

214 (2007).
The district court’s order dismissing Williams’ Rule 60(b)
motion was entered on the docket on September 9, 2015.

Thus,

Williams had until November 9, 2015, to file a notice of appeal.
Williams’

notice

of

appeal

was

filed,

at

the

earliest,

December 1, 2015, 1 22 days beyond the appeal period.

on

Although

Williams’ notice of appeal was filed beyond the expiration of

1

See Houston v. Lack, 487 U.S. 266, 276 (1988) (holding
that a pro se prisoner’s notice of appeal is considered filed
the moment it is delivered to prison authorities for mailing to
the court).

2

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the

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period,

it

was

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filed

within

the

30-day

excusable

neglect period and explicitly requested an extension of time to
file

an

appeal.

Thus,

Williams’

filing

should

have

been

construed as a motion for an extension of time to file an appeal
under Rule 4(a)(5).

Accordingly, we remand this case to the

district court so it may docket Williams’ motion for extension
of

time

and

determine

whether

Williams

has

demonstrated

excusable neglect or good cause warranting an extension of the
appeal

period. 2

The

record,

as

supplemented,

will

then

be

returned to this court for further consideration.

REMANDED

2

By this disposition, we express no opinion as to whether
an extension of time is warranted.

3