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Thomas v. Crosby, 4th Cir. (2004)
Thomas v. Crosby, 4th Cir. (2004)
Thomas v. Crosby, 4th Cir. (2004)
No. 04-7066
and
RICHMOND CITY JAIL; SHERIFF MITCHELL; MAJOR
MINION; LIEUTENANT MCCRAY; LIEUTENANT HALL;
ANY AND ALL OTHER DEPUTIES ALSO INVOLVED,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Chief
District Judge. (CA-02-1685-1)
Submitted:
Decided:
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PER CURIAM:
Earl Thomas, III, seeks to appeal from the district
courts order denying relief on his 42 U.S.C. 1983 (2000)
complaint.
In that notice of
that he did not timely receive notice of the district courts order
and also expressed his desire to preserve his appeal, his notice of
appeal should be construed as a request to reopen the appeal period
under Fed. R. App. P. 4(a)(6).
was filed in the district court shortly after the expiration of the
seven-day period for filing such a request and the record does not
reveal when Thomas gave the document to prison officials, we remand
the
case
to
the
district
court
for
the
limited
purpose
of
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REMANDED
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