USCA4 Appeal: 22-6220 Doc: 17 Filed: 08/23/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6220

DENARD DARNELL NEAL,

Petitioner - Appellant,

v.

J. C. STREEVAL, Warden, U.S.P. Lee; UNITED STATES DISTRICT COURT, District of Arizona-Phoenix; UNITED STATES DISTRICT COURT, Eastern District of California; OFFICE OF UNITED STATES ATTORNEY GENERAL, United States Department of Justice; OFFICE OF SECRETARY OF THE TREASURY, United States Department of the Treasury,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:21-cv-00380-JPJ-PMS)

Submitted: August 18, 2022 Decided: August 23, 2022

Before WYNN, THACKER, and HEYTENS, Circuit Judges.

Remanded by unpublished per curiam opinion.

Denard Darnell Neal, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6220 Doc: 17 Filed: 08/23/2022 Pg: 2 of 2

PER CURIAM:

Denard Darnell Neal seeks to appeal the district court’s order dismissing his

petition. When the United States or its officer or agency is a party in a civil

case, the notice of appeal must be filed no more than 60 days after the entry of the district

court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 November 17, 2021. Neal filed his notice of

appeal, at the earliest, on February 15, 2022. See Houston v. Lack,

(1988) (establishing prison mailbox rule). Neal claimed that he did not receive a copy of

the district court’s order until February 15, 2022, and there is some evidence in the record

supporting his assertion. Because Neal filed his notice of appeal on the last day of the

excusable neglect period and because he claimed that he did not receive a copy of the

court’s order until February 15, 2022, we construe Neal’s notice of appeal as a motion to

extend or reopen the appeal period under Rule 4(a)(5) or (6), respectively, and remand to

the district court to determine whether the appeal period should be extended or reopened.

The record, as supplemented, will be returned to this court for further consideration.

REMANDED

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