Clark v. Cartledge, No. 15-6248 (4th Cir. 2016)
Annotate this CaseIn 2006, Keith Alan Clark was found guilty of kidnapping and assault with intent to commit criminal sexual conduct. In 2014, Clark, pro se, filed a motion for extension of time to request a certificate of appealability. At issue is whether this motion, filed within the thirty day requirement of Federal Rule of Appellate Procedure 4, is the functional equivalent of a formal notice of appeal demanded by Rule 3. The court held that a document filed by a pro se litigant as an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3. Because Clark's motion was timely under Rule 4 and satisfied the notice requirements of Rule 3, the court concluded that it has jurisdiction to consider Clark's application for a certificate of appealability.
The court issued a subsequent related opinion or order on November 10, 2016.
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