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.  [16-6664]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BASIR MATEEN RAZZAK,
Plaintiff - Appellant,
ACKOYT, Nurse Practitioner; A. GRIZZARD; CCS CORRECT CARE
SOLUTIONS, MEDICAL AGENCY; FORSYTH COUNTY DETENTION CENTER
Defendants - Appellees,
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)
February 22, 2017
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Remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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Basir Mateen Razzak seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2012) complaint.
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
appellant is incarcerated, the notice of appeal is considered
officials for mailing to the court.
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
“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
The district court dismissed Razzak’s complaint on February
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
Razzak’s notice of appeal was dated April 18, 2016,
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motion to alter or amend tolled the start of that period.
Accordingly, we remand the case for the limited purpose of
alter or amend was delivered to prison officials for mailing.
The record, as supplemented, will then be returned to this court
for further consideration.
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