Winfred F. Nicholson v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1738
WINFRED F. NICHOLSON,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA, et al.,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CA-02-3214-1)
Submitted: August 4, 2004 Decided: August 23, 2004
Before NIEMEYER, TRAXLER, and DUNCAN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Winfred F. Nicholson, Appellant Pro Se. David I. Pincus, Samuel
Ashby Lambert, Jonathan D. Carroll, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C.; Thomas Michael DiBiagio, United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Winfred F. Nicholson seeks to appeal from the district
court’s order dismissing his complaint challenging the government’s
filing of tax liens. The district court dismissed Nicholson’s
complaint in an order entered on March 31, 2004. Nicholson’s
notice of appeal, dated April 29, 2004, was received in the
district court on June 3, 2004. Nicholson asserted that he mailed
his notice of appeal on April 29, 2004, and, upon discovering that
it had not been filed, sent a copy of the notice of appeal on
June 3, 2004. Nicholson’s notice of appeal was made within the
period of time applicable for a determination of excusable neglect
or good cause under Rule 4(a)(5) of the Federal Rules of Appellate
Procedure and expressed his desire to preserve his appeal. See
Myers v. Stephenson, 781 F.2d 1036, 1038-39 (4th Cir. 1986).
Accordingly, we remand this case to the district court for the
limited purpose of permitting that court to determine whether
Nicholson has shown excusable neglect or good cause warranting an
extension of time for filing a notice of appeal. The record, as
supplemented, then will be returned to this court for further
consideration.
REMANDED

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