UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6079
GARY WILLIAMS,
Petitioner - Appellant,
versus
WARDEN, Wallens Ridge State Prison,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-03-448-7)
Submitted: June 23, 2004 Decided: July 8, 2004
Before WILLIAMS, GREGORY, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Gary Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Williams seeks to appeal the district court’s order
denying relief on his petition for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 (2000). The district court dismissed
Williams’ petition in an order entered on November 12, 2003.
Williams’ notice of appeal, dated December 22, 2003, was received
in the district court on December 29, 2003. In his notice of
appeal, Williams stated that he “only received [the district
court’s order] from Prison Staff on December 11.” Williams’ notice
of appeal was made within the period of time applicable for a
determination of excusable neglect or good cause under Rule 4(a)(5)
of the Federal Rules of Appellate Procedure and expressed his
desire to preserve his appeal. See Myers v. Stephenson, 781 F.2d
1036, 1038-39 (4th Cir. 1986). Accordingly, we remand this case to
the district court for the limited purpose of permitting that court
to determine whether Williams has shown excusable neglect or good
cause warranting an extension of time for filing a notice of
appeal. The record, as supplemented, then will be returned to this
court for further consideration.
REMANDED
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