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.  [17-6024]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JONAH JERVAIS SOVEREIGN, a/k/a Jarvis L. Canslor,
Plaintiff - Appellant,
LESLIE FLEMING; J.J. SHORT; R. SAYLOR; J.B. CRABTREE; C/O A.
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)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 22, 2017
Remanded by unpublished per curiam opinion.
Jonah Jervais Sovereign, Appellant Pro Se.
O’Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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court’s order dismissing his civil rights complaint.
are accorded 30 days after the entry of the district court’s
final judgment or order to note an appeal.
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
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. *
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.
Accordingly, we remand the case for the
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
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supplemented, will then be returned to this court for further
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