Jonah Sovereign v. Leslie Fleming


OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 7:15-cv-00568-JLK-RSB. Copies to all parties and the district court. Mailed to: Jonah Jervais Sovereign. [1000027731] [17-6024]

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Appeal: 17-6024 Doc: 8 Filed: 02/22/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6024 JONAH JERVAIS SOVEREIGN, a/k/a Jarvis L. Canslor, Plaintiff - Appellant, v. LESLIE FLEMING; J.J. SHORT; R. SAYLOR; J.B. CRABTREE; C/O A. CRAFT, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:15-cv-00568-JLK-RSB) Submitted: February 16, 2017 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 22, 2017 Circuit Judge, and Remanded by unpublished per curiam opinion. Jonah Jervais Sovereign, Appellant Pro Se. Margaret Hoehl O’Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6024 Doc: 8 Filed: 02/22/2017 Pg: 2 of 3 PER CURIAM: Jonah Jervais Sovereign seeks to appeal the district court’s order dismissing his civil rights complaint. Parties are accorded 30 days after the entry of the district court’s final judgment or order to note an appeal. 4(a)(1)(A). Fed. R. App. P. However, if a party moves for an extension of time to appeal within 30 days after expiration of the original appeal period and demonstrates excusable neglect or good cause, a district court may extend the time to file a notice of appeal. Fed. R. App. P. 4(a)(5)(A); Washington v. Bumgarner, 882 F.2d 899, 900-01 (4th Cir. 1989). The district court’s order was entered on the docket on September 2, 2016. The notice of appeal was filed on October 16, 2016, after the expiration of the 30-day appeal period but within the 30-day excusable neglect period. * Because Sovereign’s notice of appeal offered some excuse for his untimeliness, we construe it as a request for an extension of time accompanying his notice of appeal. limited purpose of Accordingly, we remand the case for the allowing the * district court to determine For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988). 2 Appeal: 17-6024 Doc: 8 whether extended the Filed: 02/22/2017 time under for Fed. R. filing App. Pg: 3 of 3 a P. notice of 4(a)(5)(A). appeal The should be record, as supplemented, will then be returned to this court for further consideration. REMANDED 3

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