Filed: Apr. 09, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7347 ROBERT LINWOOD PRINCE, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00233-RAJ-LRL) Submitted: April 4, 2019 Decided: April 9, 2019 Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Reman
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7347 ROBERT LINWOOD PRINCE, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00233-RAJ-LRL) Submitted: April 4, 2019 Decided: April 9, 2019 Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Remand..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7347
ROBERT LINWOOD PRINCE,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00233-RAJ-LRL)
Submitted: April 4, 2019 Decided: April 9, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
Robert Linwood Prince, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert L. Prince seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 (2012)
petition. Parties to a civil action are accorded 30 days after the entry of the district
court’s final judgment or order to note an appeal. Fed. R. App. P. 4(a)(1)(A). However,
the district court may extend the time to file a notice of appeal if a party moves for an
extension of the appeal period within 30 days after the expiration of the original appeal
period and demonstrates excusable neglect or good cause to warrant an extension.
Fed. R. App. P. 4(a)(5); see Washington v. Bumgarner,
882 F.2d 899, 900-01 (4th
Cir. 1989). “[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 entered its final order on September 12, 2018. Prince filed his
notice of appeal with the prison mail system on October 25, 2018, after the expiration of
the 30-day appeal period but within the excusable neglect period. See Fed. R. App. P.
4(c); Houston v. Lack,
487 U.S. 266 (1988). With his notice of appeal, Prince filed a
motion containing language that we construe as a request for an extension of time to
appeal. Accordingly, we remand this case to the district court for the limited purpose of
determining whether Prince has demonstrated excusable neglect or good cause
warranting an extension of the 30-day appeal period. The record, as supplemented, will
then be returned to this Court for further consideration.
REMANDED
2