USCA4 Appeal: 24-6333      Doc: 12         Filed: 08/30/2024    Pg: 1 of 2




                                            UNPUBLISHED

                               UNITED STATES COURT OF APPEALS
                                   FOR THE FOURTH CIRCUIT


                                              No. 24-6333


        NATHANIEL WILLIAMS,

                            Plaintiff - Appellant,

                     v.

        YES CARE CORP.; SARAH JOHNSON, RN; DR. CLEM, M.D.; DR. METERA,
        M.D.; DR. RAAB, M.D.; STEPHANIE CYRAN, RN,

                            Defendants - Appellees.



        Appeal from the United States District Court for the District of Maryland, at Baltimore.
        Lydia Kay Griggsby, District Judge. (1:23-cv-00166-LKG)


        Submitted: August 27, 2024                                        Decided: August 30, 2024


        Before KING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.


        Remanded by unpublished per curiam opinion.


        Nathaniel Williams, Appellant Pro Se. Megan Trocki Mantzavinos, MARKS, O’NEILL,
        O’BRIEN, DOHERTY & KELLY, P.C., Towson, Maryland, for Appellees.


        Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 24-6333      Doc: 12          Filed: 08/30/2024     Pg: 2 of 2




        PER CURIAM:

               Nathaniel Williams seeks to appeal the district court’s order dismissing his amended

        

 complaint. In civil actions, parties are accorded 30 days after the entry

        of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A),

        unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens

        the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal

        in a civil case is a jurisdictional requirement.” Bowles v. Russell, 

 (2007).

               The district court entered its order on February 13, 2024, and the appeal period

        expired on March 14, 2024. Williams’ notice of appeal was dated March 31, 2024, and

        postmarked April 6, 2024. ∗ As a result, his appeal is untimely.

               However, Williams stated in his notice of appeal that he did not receive the court’s

        order until sometime in March 2024. Accordingly, we remand for the district court to

        determine whether Williams timely noted an appeal or filed a meritorious Rule 4(a)(5) or

        Rule 4(a)(6) motion. The record, as supplemented, will then be returned to this court for

        further consideration.

                                                                                       REMANDED




               ∗
                For the purpose of this appeal, we assume that the postmark date appearing on the
        envelope containing the notice of appeal is the earliest date that Williams could have
        delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1);
        Houston v. Lack, 

 (1988).

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