Basir Razzak v. Ackoyt


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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Appeal: 16-6664 Doc: 12 Filed: 03/01/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6664 BASIR MATEEN RAZZAK, Plaintiff - Appellant, v. ACKOYT, Nurse Practitioner; A. GRIZZARD; CCS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 Remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6664 Doc: 12 Filed: 03/01/2017 Pg: 2 of 3 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 Appeal: 16-6664 well Doc: 12 after Filed: 03/01/2017 the expiration Pg: 3 of 3 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 3

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