USCA4 Appeal: 23-6952      Doc: 7         Filed: 05/13/2024    Pg: 1 of 3




                                             UNPUBLISHED

                               UNITED STATES COURT OF APPEALS
                                   FOR THE FOURTH CIRCUIT


                                               No. 23-6952


        UNITED STATES OF AMERICA,

                             Plaintiff - Appellee,

                      v.

        REGINALD HILTON BELTON,

                             Defendant - Appellant.



        Appeal from the United States District Court for the Eastern District of North Carolina, at
        Raleigh. Louise W. Flanagan, District Judge. (5:18-cr-00113-FL-1; 5:22-cv-00342-FL)


        Submitted: April 29, 2024                                           Decided: May 13, 2024


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


        Remanded by unpublished per curiam opinion.


        Reginald Hilton Belton, Appellant Pro Se.


        Unpublished opinions are not binding precedent in this circuit.
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        PER CURIAM:

               Reginald Hilton Belton seeks to appeal the district court’s order dismissing his 

 motion. Parties are accorded 60 days after the entry of the district court’s

        final judgment or order to note an appeal when the United States is a party to a civil action,

        Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Rule

        4(a)(5) or reopens the appeal period under Rule 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’s order was entered on February 7, 2023 and the appeal period

        expired on April 10, 2023. On June 22, 2023, Belton sent a letter to the district court

        inquiring as to the status of his case and asserting that he had not received an order from

        the district court. ∗ Belton filed a notice of appeal on August 28, 2023, stating that he had

        subsequently received the district court’s order. Belton’s notice of appeal was not filed

        within 60 days after the district court’s entry of judgment. However, because his inquiry

        into the status of his case was made within 180 days of the entry of the district court’s

        order, we construe Belton’s June 22, 2023, filing as a motion to reopen the time to appeal

        under Rule 4(a)(6). Accordingly, we remand for the district court to determine whether




               ∗
                 For purposes of this appeal, we assume that the dates appearing on Belton’s filings
        are the earliest they could have been properly delivered to prison officials for mailing to
        the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 

 (1988).

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        Belton can satisfy the requirements of Rule 4(a)(6). The record, as supplemented, will then

        be returned to this court for further consideration.

                                                                                     REMANDED




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