EWING v. BURKE HSA (2020)

Ricky R. Ewing, Mississippi prisoner # 34353, seeks authorization to proceed in forma pauperis (IFP) following the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint and denial of leave to proceed IFP on appeal. Both Ewing’s notice of appeal and his motion in the district court for leave to proceed IFP on appeal were stamped as filed by the district court on June 17, 2019, which was more than 30 days after the May 13, 2019 entry of the district court’s judgment. See Fed. R. App. P. 4(a)(1)(A); Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). This case is REMANDED to the district court for the limited purpose of making a determination whether Ewing’s notice of appeal was otherwise timely under Federal Rule of Appellate Procedure 4(c)(1), and, if the district court determines that the appeal was untimely, whether the deadline for filing the notice of appeal is extended under Federal Rule of Appellate Procedure 4(a)(5).

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.