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Wallace R. Baldwin v. James H. Hawkins, M.D., 812 F.2d 1400, 4th Cir. (1987)

The document discusses a case in which Wallace Baldwin appealed a judgment against him on July 24, 1986. However, Baldwin missed the 30-day deadline to file an appeal, which was extended to August 26 due to weekends. On September 24, Baldwin inquired about the status of the case, which the court construed as a motion to extend the deadline. As this motion was filed within the additional 30-day period ending on August 27, it was timely. The court remanded the case to the district court to determine if there was excusable neglect or good cause for Baldwin missing the original appeal deadline.

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37 views2 pages

Wallace R. Baldwin v. James H. Hawkins, M.D., 812 F.2d 1400, 4th Cir. (1987)

The document discusses a case in which Wallace Baldwin appealed a judgment against him on July 24, 1986. However, Baldwin missed the 30-day deadline to file an appeal, which was extended to August 26 due to weekends. On September 24, Baldwin inquired about the status of the case, which the court construed as a motion to extend the deadline. As this motion was filed within the additional 30-day period ending on August 27, it was timely. The court remanded the case to the district court to determine if there was excusable neglect or good cause for Baldwin missing the original appeal deadline.

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812 F.

2d 1400
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Wallace R. BALDWIN, Plaintiff-Appellant,
v.
James H. HAWKINS, M.D., Defendant-Appellee.
No. 86-7323.

United States Court of Appeals, Fourth Circuit.


Submitted Feb. 5, 1987.
Decided Feb. 25, 1987.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER,


Senior Circuit Judge.
Wallace R. Baldwin, appellant pro se.
William McBlief, Womble, Carlyle, Sandridge & Rice; Rickey L.
Moorefield, Alamance County Attorney, for appellee.
PER CURIAM:

Judgment in this case was entered on Thursday, July 24, 1986. The 30-day
period in which Baldwin should have noted his appeal, Fed.R.App.P. 4(a)(1),
began to run on July 25, Fed.R.App.P. 26(a). Because the thirtieth day fell on a
Saturday, the 30-day period is extended to Monday, August 26, "the next day
which is not [a Saturday, Sunday or legal holiday]." Fed.R.App.P. 26(a). No
notice of appeal was filed on or before August 26.

On September 24, 1986, the district court received a written inquiry about the
status of the case. Baldwin's notice of appeal was filed on September 29, 1986.

The district court correctly construed the September 24 inquiry as a motion for
extension of time in which to note an appeal. Since the 30-day period for filing
such a motion, see Fed.R.App.P. 4(a)(5), began to run on Tuesday, August 27,
see Fed.R.App.P. 26(a), the September 24 motion was timely filed. Under our
decision in Meyers v. Stephenson, 781 F.2d 1036 (4th Cir.1986), the case must
be remanded to the district court for a determination of excusable neglect or
good cause justifying Baldwin's late filing of the notice of appeal. The motion
to dismiss the appeal is denied. Because the dispositive issues recently have
been decided authoritatively, we dispense with oral argument. Leave to proceed
in forma pauperis is granted.

REMANDED.

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