Amy Zimmerman-Elliott v. Halifax County Circuit Court, No. 15-1721 (4th Cir. 2015)
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The court issued a subsequent related opinion or order on May 11, 2016.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1721 AMY SERESA ZIMMERMAN-ELLIOTT, Plaintiff - Appellant, v. HALIFAX COUNTY CIRCUIT COURT, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:15-cv-00324-AJT-JFA) Submitted: October 8, 2015 Decided: October 22, 2015 Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Remanded by unpublished per curiam opinion. Amy Seresa Zimmerman-Elliott, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Amy Seresa Zimmerman-Elliott seeks to appeal the district court’s order dismissing without prejudice her civil complaint for failure to state a claim. In a civil case in which the United States is not a party, parties have 30 days following the entry of the district court’s final judgment or order in which to file a notice of appeal. Fed. R. App. P. 4(a)(1)(A). However, if a party moves for an extension of time to appeal within 30 days after expiration of the original appeal period and demonstrates excusable neglect or good cause, a district court may extend the time to file a notice of appeal. Fed. R. App. P. 4(a)(5)(A); Washington v. Bumgarner, 882 F.2d 899, 900– 01 (4th Cir. 1989). The district court’s final order in this case was entered on May 8, 2015. Zimmerman-Elliott filed her notice of appeal on June 19, 2015, after the expiration of the 30-day appeal period but within the excusable neglect period. Zimmerman-Elliott’s notice of appeal contained language that fairly can be construed as a request for an extension of time to appeal. Accordingly, we the remand purpose this of demonstrated extension of case to the determining excusable the district whether neglect 30-day or appeal 2 court for limited Zimmerman-Elliott good cause period. warranting The record, has an as supplemented, will then be returned to this Court for further consideration. REMANDED 3
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