UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1793
ALICE M. DEANE,
Plaintiff - Appellant,
versus
MARSHALLS, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (7:06-cv-00031-jct)
Submitted: October 11, 2006 Decided: October 18, 2006
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Alice M. Deane, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alice M. Deane seeks to appeal the district court’s order
denying her leave to proceed in forma pauperis and dismissing her
civil action. The district court’s final order was entered on the
docket on May 25, 2006. Deane’s notice of appeal was not received
by the district court until July 10, 2006. Although Deane’s notice
of appeal was filed beyond the thirty-day appeal period set forth
in Fed. R. App. P. 4(a)(1), she states in her notice of appeal that
she did not receive the court’s final order until July 7, 2006.
The notice of appeal was filed both within thirty days of the
expiration of the appeal period and within seven days of the date
Deane asserts she received notice of the district court’s entry of
a final order. Thus, Deane’s statement in her notice of appeal may
be properly construed as either a motion for an extension of time
in which to note an appeal under Fed. R. App. P. 4(a)(5), or as a
motion to reopen the time to note an appeal under Fed. R. App. P.
4(a)(6).
Accordingly, we remand the case to the district court for
the limited purpose of determining whether Deane can satisfy the
requirements for either an extension of time or a reopening of the
appeal period. The record, as supplemented, will then be returned
to this court for further consideration.
REMANDED
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