Basir Razzak v. Ackoyt

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 1:15-cv-01016-LCB-LPA Copies to all parties and the district court/agency. Mailed to: Basir Razzak. [1000033330] [16-6664]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6664

BASIR MATEEN RAZZAK,
Plaintiff - Appellant,
v.
ACKOYT, Nurse Practitioner; A. GRIZZARD; CCS CORRECT CARE
SOLUTIONS, MEDICAL AGENCY; FORSYTH COUNTY DETENTION CENTER
SERVICE BUREAU,
Defendants - Appellees,
and
DR. RHOADES,
Defendant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Loretta C. Biggs,
District Judge. (1:15-cv-01016-LCB-LPA)

Submitted:

February 22, 2017

Decided:

March 1, 2017

Before MOTZ, WYNN, and HARRIS, Circuit Judges.

Remanded by unpublished per curiam opinion.

Basir Mateen Razzak, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Basir Mateen Razzak seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2012) complaint.
timely

filing

of

a

notice

of

jurisdictional requirement.”
214 (2007).

appeal

in

a

civil

“[T]he

case

is

a

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

In a civil case in which the United States is not a

party, the notice of appeal must be filed within 30 days after
entry

of

judgment.

Fed.

R.

App.

P.

4(a)(1)(A).

When

the

appellant is incarcerated, the notice of appeal is considered
filed

as

of

the

date

it

was

properly

officials for mailing to the court.

delivered

to

prison

Fed. R. App. P. 4(c)(1);

Houston v. Lack, 487 U.S. 266, 276 (1988).

The timely filing of

a motion to alter or amend the judgment tolls the start of the
time

for

filing

4(a)(4)(A)(iv).

a

notice

of

appeal.

Fed.

R.

App.

P.

“A motion to alter or amend a judgment must be

filed no later than 28 days after the entry of the judgment.”
Fed. R. Civ. P. 59(e); In re GNC Corp., 789 F.3d 505, 512 (4th
Cir. 2015).
The district court dismissed Razzak’s complaint on February
22, 2016.

Razzak filed a motion to alter or amend that was

dated March 4, 2016, but was not filed in the district court
until March 31, 2016.

The record does not conclusively reveal

when

this

Razzak

mailing.

delivered

motion

to

prison

officials

for

Razzak’s notice of appeal was dated April 18, 2016,
2

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well

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after

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the

expiration

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of

the

appeal

period,

unless

the

motion to alter or amend tolled the start of that period.
Accordingly, we remand the case for the limited purpose of
allowing

the

district

court

to

determine

when

the

motion

to

alter or amend was delivered to prison officials for mailing.
The record, as supplemented, will then be returned to this court
for further consideration.
REMANDED

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