Alexander JIGGETTS, Plaintiff - Appellant, v. JANSSEN PHARMACEUTICALS, INC., Defendant - Appellee.
Decided: May 26, 2020
Before MOTZ and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Alexander Jiggetts, Appellant Pro Se. Brian A. Coleman, FAEGRE DRINKER BIDDLE & REATH, LLP, Washington, D.C., for Appellee.
Alexander Jiggetts seeks to appeal the district court's order granting summary judgment to the defendant in his civil case. In civil cases, parties have 30 days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), 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, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). The district court entered its order on November 26, 2019, and Jiggetts had to file his notice of appeal by December 26, 2019. He filed the notice of appeal on December 27, 2019. The same day, he filed a motion that requested an extension of the time to appeal, but the district court has not yet addressed the motion. Accordingly, we remand the case to the district court for the limited purpose of determining whether Jiggetts has shown excusable neglect or good cause for an extension of the time to file the notice of appeal. The record, as supplemented, will then be returned to this court for further consideration.
Remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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