Neal v. FCI McDowell et al

Filing 38

MEMORANDUM OPINION AND ORDER: Within 30 days of entry of this Memorandum Opinion and Order, plaintiff is directed to inform the court whether he, in fact, wishes to appeal to the 4CCA and whether he wishes for ECF Document No. 37 to be construed as a Notice of Appeal. In the event plaintiff does not do so, the court will take no action on plaintiff's filing because, as the court has already informed plaintiff, this court is not the proper forum to proceed with a claim under the Inmate Accident Compensation Act in the first instance. Signed by Senior Judge David A. Faber on 9/7/2017. (cc: plaintiff, pro se and counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JAMOHN A. NEAL, Plaintiff, v. Civil Action No: 1:16-11365 FCI MCDOWELL, et al., Defendants. MEMORANDUM OPINION AND ORDER By Judgment Order entered on August 16, 2017, this case was dismissed and removed from the court’s active docket. On August 28, 2017, plaintiff filed a document indicating that he “would like to move forward with this case under the act of 18 U.S.C. § 4126(c)(4) Accident Compensation Act [IACA]” (ECF No. 37). Given the procedural posture of this case, the court has considered construing this filing as a Notice of Appeal. Therefore, within 30 days of entry of this Memorandum Opinion and Order, plaintiff is directed to inform the court whether he, in fact, wishes to appeal to the United States Court of Appeals for the Fourth Circuit and whether he wished for that document (ECF No. 37) to be construed as a Notice of Appeal. In the event plaintiff does not do so, the court will take no action on plaintiff’s filing because, as the court has already informed plaintiff, this court is not the proper forum to proceed with a claim under the Inmate Accident Compensation Act in the first instance. The Clerk is directed to send copies of this Memorandum Opinion and Order to counsel of record and to plaintiff, pro se. IT IS SO ORDERED this 7th day of September, 2017. ENTER: David A. Faber Senior United States District Judge 2

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