Filed: Jun. 15, 2012
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1106 SYLVIA CARAVETTA, Plaintiff - Appellant, v. JAMES RIVER INSURANCE COMPANY, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:11-cv-00540-JCC-JFA) Submitted: June 12, 2012 Decided: June 15, 2012 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Remanded by unpublished per curiam opinion. Sylvia Carav
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1106 SYLVIA CARAVETTA, Plaintiff - Appellant, v. JAMES RIVER INSURANCE COMPANY, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:11-cv-00540-JCC-JFA) Submitted: June 12, 2012 Decided: June 15, 2012 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Remanded by unpublished per curiam opinion. Sylvia Carave..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1106
SYLVIA CARAVETTA,
Plaintiff - Appellant,
v.
JAMES RIVER INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:11-cv-00540-JCC-JFA)
Submitted: June 12, 2012 Decided: June 15, 2012
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Sylvia Caravetta, Appellant Pro Se. Cynthia Lee Santoni,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP, McLean,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sylvia Caravetta seeks to appeal the district court’s
order dismissing her civil complaint with prejudice. In civil
actions in which the United States or its officer or agency is
not a party, a notice of appeal must be filed with the district
court within thirty days after entry of the district court’s
final judgment or order. Fed. R. App. P. 4(a)(1)(A). “[T]he
timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205,
214 (2007). The district court may extend the filing time if “a
party so moves no later than 30 days after the time prescribed
by . . . Rule 4(a) expires” and the party shows excusable
neglect or good cause. Fed. R. App. P. 4(a)(5)(A)(i)-(ii).
The district court’s order dismissing Caravetta’s
complaint was entered on December 21, 2011. Caravetta had
thirty days, or until Friday, January 20, 2012, to file a notice
of appeal. Caravetta filed her notice of appeal on Monday,
January 23, 2012, thirty-three days after judgment was entered.
Although Caravetta’s notice of appeal was not timely
filed, it was filed within the thirty-day excusable neglect
period provided by Fed. R. App. P. 4(a)(5)(A)(i). Further, the
notice of appeal reflects a request for an extension of the
thirty-day appeal period. Accordingly, we remand this case to
the district court for the limited purpose of enabling the court
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to determine whether Caravetta has shown excusable neglect or
good cause warranting an extension of the appeal period. The
record, as supplemented, will then be returned to this court for
further consideration.
REMANDED
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