Shain Collins v. Harold Clarke


OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 7:13-cv-00474-GEC Copies to all parties and the district court/agency. Mailed to: Shain Collins. [999975605] [16-6835]

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Appeal: 16-6835 Doc: 9 Filed: 11/28/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6835 SHAIN CLAUDE COLLINS, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:13-cv-00474-GEC) Submitted: November 22, 2016 Before DIAZ and Circuit Judge. THACKER, Circuit Decided: Judges, November 28, 2016 and DAVIS, Senior Remanded by unpublished per curiam opinion. Shain Claude Collins, Appellant Pro Se. Craig Stallard, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6835 Doc: 9 Filed: 11/28/2016 Pg: 2 of 2 PER CURIAM: Shain Claude Collins seeks to appeal the district court’s order denying his Fed. R. Civ. P. 60(b) motion. Collins argued in his notice of appeal, and the record suggests, that he did not timely receive notice of the entry of the district court’s order, and further requested a reopening of the appeal period. See Fed. R. App. P. 4(a)(6)(A). Because the 30-day appeal period is jurisdictional, Bowles v. Russell, 551 U.S. 205, 214 (2007), we remand the case for the limited purpose of allowing the district court to determine whether to reopen the time to file an appeal, pursuant to Fed. R. App. P. 4(a)(6). REMANDED 2

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