Patrick of the family of Morgan v. Hughes et al

Filing 30

MEMORANDUM OPINION AND ORDER: Plaintiff has 30 days from the entry of this Order in which to inform the court if he wishes to appeal this court's rulings to the United States Court of Appeals and whether he wishes for his 28 "bill of exceptions" to be construed as a Notice of Appeal. Signed by Senior Judge David A. Faber on 1/30/2018. (cc: Plaintiff, pro se; attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
PATRICK OF THE FAMILY OF MORGAN,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-01208

LYNN N. HUGHES, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
By Judgment Order entered on January 18, 2018, the court
dismissed this civil action.

ECF No. 26.

On January 29, 2018,

plaintiff filed a document he has titled a “bill of exceptions.”
ECF No. 28.

The Judgment Order entered herein concluded

plaintiff’s case in this court.

However, it is possible that

plaintiff intended for his “bill of exceptions” to serve as a
Notice of Appeal of this court’s earlier orders.

See United

States v. Reid, No. 10-7750, 419 F. App’x 310, 310 n.1 (4th Cir.
Mar. 21, 2011) (construing habeas plaintiff’s “motion for a
certificate of appealability, which was filed within the time
limit allotted for filing a notice of appeal from the district
court’s order denying [the] § 2255 motion, as a timely notice of
appeal.”).

Therefore, plaintiff has 30 days from the entry of

this Order in which to inform the court if he wishes to appeal
this court’s rulings to the United States Court of Appeals for
the Fourth Circuit and whether he wishes for his “bill of
exceptions” to be construed as a Notice of Appeal.

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 30th day of January, 2018.
ENTER:

David A. Faber
Senior United States District Judge

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