Alvin Jones v. Gene Johnson, No. 09-8263 (4th Cir. 2010)
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The court issued a subsequent related opinion or order on July 14, 2011.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8263 ALVIN LUTHER JONES, Plaintiff Appellant, v. GENE M. JOHNSON, Dir. of Dept. of Corr. Va.; HARVARD STEPHENS, Chief Medical Officer for Dept. of Corr. Va.; G. K. WASHINGTON, Regional Dir. (Central Region) Va.; W. J. TOWNLEY, Warden/Supt. Halifax Corr. Field Unit #23; FRANK WRAY, M.D.-Doctor Halifax Corr. Cntr. #23; SANDRA VASS, R.N.--Head Nurse Halifax Corr. Unit #23; A. FIELDS, L.P.N.-Nurse Halifax Corr. Unit #23; J.M.C. BROWN, Grievance Coordinator Halifax Corr. Unit #23, Defendants Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00492-jlk-mfu) Submitted: June 24, 2010 Decided: June 29, 2010 Before DUNCAN, AGEE, and DAVIS, Circuit Judges. Remanded by unpublished per curiam opinion. Alvin Luther Jones, Appellant Pro Se. Mark R. Davis, Assistant Attorney General, Richmond, Virginia; Jeff W. Rosen, PENDER & COWARD, PC, Virginia Beach, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Alvin court s order Luther granting Jones seeks summary to appeal judgment in the district favor of the Defendants in his 42 U.S.C. ยง 1983 (2006) inmate civil rights action. Pursuant to Federal Rule of Appellate Procedure 4(a)(1), a notice of appeal in a civil case must be filed with the district court within thirty days after judgment is entered. [T]he timely filing of a notice of appeal in a civil case is a Bowles v. Russell, 551 U.S. 205, jurisdictional requirement. 214 (2007). Therefore, the appeal must be dismissed if the notice of appeal is untimely. 899, 900 (4th Cir. 1989). Washington v. Bumgarner, 882 F.2d 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 summary district judgment on court October granted 30, 2009. Defendants Therefore, motion for Jones had thirty days, or until November 30, 2009, to file a notice of appeal. Jones filed his notice of appeal, at the earliest, on December 7, 2009, thirty-seven days after judgment was entered. * * For purposes of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could (Continued) 3 In a letter accompanying the notice of appeal, Jones stated that he filed his original notice of appeal in the wrong court because the district court failed to inform him of his appeal rights or to which court he was required to send his notice of appeal. We construe Jones s letter as a timely request for an extension of the thirty-day appeal period. this case enabling to the the district court to court determine for Therefore, we remand the whether limited Jones purpose has of shown excusable neglect or good cause warranting an extension of time to appeal. The record, as supplemented, will then be returned to this court for further consideration. REMANDED have been delivered to prison officials Houston v. Lack, 487 U.S. 266, 276 (1988). 4 for mailing. See
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