Steven Leon Banks v. Vincent Myron Gore

Filing

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. [1000027764] [16-7512]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7512

STEVEN LEON BANKS,
Plaintiff - Appellant,
v.
VINCENT MYRON GORE, Head – Physician; A. SMITH, Nurse; NURSE
KEYS,
Defendants – Appellees,
and
NURSE GOODE; DR. ABAGUTTA; NURSE GRIFFITH;
CARE; PTX DIALYSIS, Dialysis – Provider,

ARMOR

HEALTH

Defendants.

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)

Submitted:

February 16, 2017

Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.

Decided:

DUNCAN,

Remanded by unpublished per curiam opinion.

February 22, 2017

Circuit

Judge,

and

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Steven Leon Banks, Appellant Pro Se.
Elizabeth Martin
Muldowney, RAWLS, MCNELIS & MITCHELL, PC, Richmond, Virginia,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Steven

Leon

Banks

seeks

to

appeal

the

district

court’s

order denying what the district court construed as a motion for
reconsideration
judgment.

of

its

order

granting

Defendants

summary

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
extension.

Fed. R. App. P. 4(a)(5)(A)(i)-(ii); Washington v.

Bumgarner, 882 F.2d 899, 900–01 (4th Cir. 1989).
The

district

court’s

order

denying

Banks’

motion

for

reconsideration was entered on the docket on September 21, 2016.
Thus, Banks had until October 21, 2016, to file a notice of
appeal.

Banks’ notice of appeal was filed, at the earliest, on

October 24, 2016. *
beyond

the

Because Banks’ notice of appeal was filed

expiration

of

the

appeal

period,

but

within

the

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
court).

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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
appeal

period.

The

record,

as

supplemented,

will

then

be

returned to this court for further consideration.

REMANDED

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