USCA11 Case: 24-12881    Document: 8-2     Date Filed: 10/16/2024   Page: 1 of 3




                                  In the
               United States Court of Appeals
                        For the Eleventh Circuit

                         ____________________

                               No. 24-12881
                         ____________________

      BRETT WILLIAM STEWART,
                                                     Plaintiff-Appellant,
      versus
      ANN-MARIE BROWN,
      Correctional Probation Supervisor/Officer,


                                                   Defendant-Appellee.


                         ____________________

                Appeal from the United States District Court
                    for the Northern District of Florida
                 D.C. Docket No. 1:23-cv-00126-AW-MAF
                         ____________________

      Before JORDAN and LUCK, Circuit Judges.
USCA11 Case: 24-12881     Document: 8-2      Date Filed: 10/16/2024     Page: 2 of 3




      2                       Order of the Court                  24-12881

      BY THE COURT:
           Brett Stewart, proceeding pro se, appeals the district court’s
      August 5, 2024, order and judgment that dismissed his action.
              Stewart’s September 6, 2024, notice of appeal is untimely by
      two days. See 

(a); Fed. R. App. P. 4(a)(1)(A). How-
      ever, Stewart included with his untimely notice a letter in which he
      suggested that a power outage caused by a hurricane delayed his
      receipt of notice of the August 5 order and in which he appeared to
      seek additional time to appeal. That letter could be construed as a
      motion for an extension of time to file a notice of appeal under Fed.
      R. App. P. 4(a)(5) or a motion to reopen the time to file a notice of
      appeal under Fed. R. App. P. 4(a)(6). See 

(c);
      Fed. R. App. P. 4(a)(5)(A), 4(a)(6) (providing the district court with
      authority to extend or reopen the appeal period upon motion);
      Sanders v. United States, 

 (11th Cir. 1997) (explain-
      ing that we will construe a late notice of appeal as a Rule 4(a)(6)
      motion if the appellant indicates that he did not receive notice of
      the final order or judgment within 21 days of entry); Pinson v.
      JPMorgan Chase Bank, Nat’l Ass’n, 

 (11th Cir.
      2019) (explaining that we construe pro se pleadings liberally). As
      that letter was not docketed separately from the notice of appeal,
      it appears that the district court has not had an opportunity to con-
      sider it.
             Accordingly, we REMAND the case to the district court for
      the limited purpose of determining whether Stewart’s letter in-
      cluded with his untimely notice of appeal should be construed as a
USCA11 Case: 24-12881     Document: 8-2     Date Filed: 10/16/2024    Page: 3 of 3




      24-12881                Order of the Court                        3

      Rule 4(a)(5) or 4(a)(6) motion and, if so, whether he is entitled to
      relief under either of those Rules. After making its determinations,
      the district court shall return the record, as supplemented, to this
      Court for further proceedings.