Jay Mikal Brooks v. BIRD, Deputy

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6145
JAY MIKAL BROOKS,
Plaintiff - Appellant,
versus
BIRD, Deputy; FITZGERALD, Sargeant; DEPUTY
BATCH, Classification Officer,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-04-593)
Submitted: June 23, 2005 Decided: June 29, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Remanded by unpublished per curiam opinion.
Jay Mikal Brooks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Jay Mikal Brooks seeks to appeal from the district
court’s order dismissing his complaint filed pursuant to 42 U.S.C.
§ 1983 (2000). The district court dismissed Brooks’ complaint by
an order entered on December 9, 2004. On January 27, 2005, the
district court received a letter expressing Brooks’ wish to appeal
the order. Brooks stated that he had been in transit in the
federal prison system and only learned of the dismissal of his case
when he informed the district court of his new address. He
submitted that the jail where he was originally confined did not
forward his mail.
Brooks’ notice of appeal was made within the period of
time applicable for a determination of excusable neglect or good
cause under Fed. R. App. P. 4(a)(5), and expressed a 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 Brooks 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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