US v. Christopher Daniels, No. 13-6007 (4th Cir. 2013)
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The court issued a subsequent related opinion or order on January 6, 2014.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6007 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER CORNELIUS DANIELS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:11-cr-00057-BR-1; 5:12-cv-00532-BR) Submitted: April 18, 2013 Decided: April 23, 2013 Before WILKINSON, GREGORY, and DAVIS, Circuit Judges. Remanded by unpublished per curiam opinion. Christopher Cornelius Daniels, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher Cornelius Daniels seeks to appeal the district court s order dismissing his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. In a civil case in which the United States or its officer or agency is a party, parties have sixty days following the entry of the district court s final judgment or order in which to file a notice of appeal. 4(a)(1)(B). Fed. R. App. P. The district court may, however, extend the time for filing a notice of appeal if a party so moves within thirty days after expiration of the original appeal period and demonstrates excusable neglect or good cause for the extension. Fed. R. App. P. 4(a)(5)(A)(i)-(ii); Washington v. Baumgarner, 882 F.2d 899, 900-01 (4th Cir. 1989). The district court dismissed Daniels § 2255 motion on October 16, 2012. Thus, Daniels had until Monday, December 17, 2012, to file a notice of appeal. * Daniels filed his notice of appeal 2012, on expiration Tuesday, of the December appeal excusable neglect period. 18, period but one within day the beyond the thirty-day We construe as a timely request for * The sixtieth day fell on Saturday, December 15, 2012. Thus, Daniels was required to file his notice of appeal no later than the following Monday. Fed. R. App. P. 26(a)(1)(C). 2 an extension of time the letter accompanying Daniels notice of appeal. Accordingly, we remand this case to the district court for the limited demonstrated purpose excusable of determining neglect or extension of the appeal period. good whether cause Daniels warranting has an The record, as supplemented, will then be returned to this court for further consideration. REMANDED 3
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