Jarvis Gibbs v. SCDC, No. 20-7510 (4th Cir. 2021)

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The court issued a subsequent related opinion or order on May 10, 2022.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7510 JARVIS GIBBS, Plaintiff - Appellant, v. SCDC; BRIAN STIRLING, Director; WARDEN D. STONEBREAKER, Warden; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Mary G. Lewis, District Judge. (0:20-cv-02163-MGL-PJG) Submitted: February 23, 2021 Decided: February 26, 2021 Before MOTZ, KEENAN, and HARRIS, Circuit Judges. Remanded by unpublished per curiam opinion. Jarvis Gibbs, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jarvis Gibbs seeks to appeal the district court’s order dismissing his complaint for failure to prosecute. Gibbs argued in his notice of appeal, and the record suggests, that he did not receive timely notice of the entry of the district court’s dismissal order. See Fed. R. App. P. 4(a)(6)(A). Because the 30-day appeal period is jurisdictional, Bowles v. Russell, 551 U.S. 205, 214 (2007), we remand the case for the limited purpose of allowing the district court to determine whether to reopen the time to file an appeal pursuant to Fed. R. App. P. 4(a)(6). The record, as supplemented, will then be returned to this court for further consideration. REMANDED 2

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