Drayton v. State

Filing 41

ORDER - The parties are directed to file within 30 days of this order any documents or other information they may possess which indicates the date Plaintiff received the District Court's order of July 3,2014, or any other evidence which may bear upon Plaintiff's right to reopen the time to file an appeal. Signed by Honorable Richard M Gergel on 9/4/2015. (gmil)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Andrew Drayton, Jr.,
Plaintiff,
vs.
State, etc.,

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Civil Action No. 0:14-154S-RMG

ORDER

By order dated September 4,2015, the Fourth Circuit Court of Appeals remanded this
matter to this Court to determine whether Plaintiffs untimely appeal qualified for the exception
provided under Fed. R. App. P. 4(a)(6). This provision provides that the time to file an appeal
(30 days after entry of the District Court's final judgment) can be reopened for a period of 14
days if (1) the party seeking to appeal did not receive the lower court's order within 21 days of
entry; (2) the motion to reopen is filed within ISO days after judgment; and (3) the Court finds no
party would be prejudiced.
The record before the Court shows that the challenged District Court order was issued on
July 3, 2014 and was placed in the United States mail to Plaintiff. (Dkt. Nos. 26, 2S). There is
no record that the mail was returned to the District Court. Plaintiffs notice of appeal was filed
on September 25,2014. (Dkt. No. 33).
The parties are directed to file within 30 days of this order any documents or other
information they may possess which indicates the date Plaintiff received the District Court's
order of July 3,2014 or any other evidence which may bear upon Plaintiff's right to reopen the
time to file an appeal under Fed. R. App. P. 4(a)(6).
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AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court

September 4,2015
Charleston, South Carolina