Jesse Major v. Jones

In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13190
____________________
JESSE DANIEL MAJOR,
Plaintiff-Appellant,
versus
OFFICER JONES,
Defendant-Appellee,
LEE ANNA SMITH, et al.,
Defendants.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
USCA11 Case: 23-13190 Document: 5-2 Date Filed: 11/02/2023 Page: 1 of 2

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2 Order of the Court 23-13190
D.C. Docket No. 7:21-cv-00051-WLS-TQL
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Before W ILSON and G RANT, Circuit Judges.
BY THE COURT:
This appeal is REMANDED, sua sponte, to the district court
for the limited purpose of determining whether to reopen the ap-
peal period under Federal Rule of Appellate Procedure 4(a)(6).
Jesse Daniel Major’s pro se notice of appeal, filed on September 19,
2023, is untimely to appeal from the district court’s July 19, 2023
final order and judgment dismissing his complaint. See Fed. R. App.
P. 4(a)(1)(A). However, Major’s notice of appeal, which we must
liberally construe, suggests that he did not receive notice of the fi-
nal order and judgment within 21 days of entry because he was in
jail, where he did not receive mail, during that time. See, e.g., Er-
ickson v. Pardus, 551 U.S. 89, 94 (2007) (explaining that courts must
construe pro se filings liberally). Thus, there is a question as to
whether the appeal period should be reopened under Rule 4(a)(6).
See Sanders v. United States, 113 F.3d 184, 186-87 (11th Cir. 1997);
Fed. R. App. P. 4(a)(6). Upon making its determinations, the dis-
trict court shall return the case, as supplemented, to this Court for
further proceedings.
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