Documente Academic
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No. 15-7301
DAMON ELLIOTT,
Petitioner - Appellant,
v.
ERIC D. WILSON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam OGrady, District
Judge. (1:14-cv-00209-LO-JFA)
Submitted:
Decided:
PER CURIAM:
Damon Elliott seeks to appeal the district courts order
construing his 28 U.S.C. 2241 (2012) motion as a successive 28
U.S.C. 2255 (2012) motion and dismissing it on that basis.
remand
for
consideration
of
whether
reopening
of
the
We
appeal
period is merited.
When the United States or its officer or agency is a party,
parties are accorded 60 days after the entry of the district
courts final judgment or order to note an appeal, Fed. R. App.
P.
4(a)(1)(B),
unless
the
district
court
extends
the
appeal
of
appeal
requirement.
in
civil
case
is
jurisdictional
2015. *
Elliotts
notice
of
appeal
is
clearly
untimely.
Because Elliott did not date his notice of appeal, for the
purpose of this appeal, we assume that the date appearing on the
envelope is the earliest date the notice of appeal could have
been properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 270
(1988).
district
court
to
determine
whether
Elliotts
The
REMANDED