Jonah Sovereign v. Leslie Fleming

Filing

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UNPUBLISHED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Remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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whether
extended

the

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time

under

for

Fed.

R.

filing
App.

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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

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