Shain Collins v. Harold Clarke

Filing

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]

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UNPUBLISHED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Remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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