The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7040
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THURMAN DOMINICK BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:07-cr-00479-WMN-1; 1:11-cv-03010-WMN)
Submitted: September 11, 2012 Decided: September 14, 2012
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Remanded by unpublished per curiam opinion.
Thurman Dominick Brown, Appellant Pro Se. Michael Clayton
Hanlon, Assistant United States Attorney, Rachel Miller Yasser,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thurman Dominick Brown seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2012) motion. Pursuant to Federal Rule of Appellate
Procedure 4(a)(1)(B), a notice of appeal in a civil case in
which the United States is a party must be filed with the
district court within sixty days after judgment is entered.
“[T]he timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205,
214 (2007). 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).
The district court denied Brown’s § 2255 motion on
March 27, 2012. Therefore, Brown had until May 29, 2012, * to
file a notice of appeal. Brown, however, filed his undated
notice of appeal, at the earliest, on June 12, 2012, fourteen
days after the expiration of the sixty-day appeal period. We
liberally construe Brown’s notice of appeal, which he filed
within the thirty-day excusable neglect period, as a request for
an extension of the appeal period. Accordingly, we remand this
*
The sixtieth day fell on Saturday, May 26, and Monday, May
28, was Memorial Day. See Fed. R. App. 26(a).
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case to the district court for the limited purpose of enabling
the court to determine whether Brown has 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
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