Steven Leon Banks v. Vincent Myron Gore
OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 1:14-cv-00205-CMH-JFA Copies to all parties and the district court/agency. Mailed to: Steven Leon Banks GREENSVILLE CORRECTIONAL CENTER 901 Corrections Way Route 1, Box 205 Jarratt, VA 23870-9614.  [16-7512]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
STEVEN LEON BANKS,
Plaintiff - Appellant,
VINCENT MYRON GORE, Head – Physician; A. SMITH, Nurse; NURSE
Defendants – Appellees,
NURSE GOODE; DR. ABAGUTTA; NURSE GRIFFITH;
CARE; PTX DIALYSIS, Dialysis – Provider,
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:14-cv-00205-CMH-JFA)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
February 22, 2017
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Steven Leon Banks, Appellant Pro Se.
Muldowney, RAWLS, MCNELIS & MITCHELL, PC, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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order denying what the district court construed as a motion for
Parties are accorded thirty days after the entry of
the district court’s final judgment or order to note an appeal.
Fed. R. App. P. 4(a)(1)(A).
The district court may, however,
extend the time for filing a notice of appeal if a party so
moves within thirty days after expiration of the original appeal
period and demonstrates excusable neglect or good cause for the
Fed. R. App. P. 4(a)(5)(A)(i)-(ii); Washington v.
Bumgarner, 882 F.2d 899, 900–01 (4th Cir. 1989).
reconsideration was entered on the docket on September 21, 2016.
Thus, Banks had until October 21, 2016, to file a notice of
Banks’ notice of appeal was filed, at the earliest, on
October 24, 2016. *
Because Banks’ notice of appeal was filed
thirty-day excusable neglect period, we construe Banks’ filing
as a timely request for an extension of time to file an appeal.
See Houston v. Lack, 487 U.S. 266, 276 (1988) (holding
that a pro se prisoner’s notice of appeal is considered filed
when it is delivered to prison authorities for mailing to the
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Accordingly, we remand this case to the district court for the
limited purpose of determining whether Banks has demonstrated
excusable neglect or good cause warranting an extension of the
returned to this court for further consideration.
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