Brenda Coleman Gillis v. Unknown

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 20-1450

BRENDA COLEMAN GILLIS,

Debtor - Appellant,

v.

UNKNOWN,

Appellee,

and

SUZANNE E. WADE; JOHN P. FITZGERALD, III,

Trustees.

Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. David J. Novak, District Judge. (3:20-cv-00057-DJN)

Submitted: August 25, 2020 Decided: August 27, 2020

Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Vacated and remanded by unpublished per curiam opinion.

Brenda Coleman Gillis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Brenda Coleman Gillis appeals the district court’s orders: (1) dismissing without
prejudice her appeal from the bankruptcy court’s order dismissing her Chapter 13 petition,
and (2) denying without prejudice her motion for reconsideration. The district court
initially dismissed Gillis’ appeal from the bankruptcy court for failure to pay the requisite
filing fee or show cause for her failure to do so by the stated deadline. Gillis simultaneously
filed a motion for reconsideration and a notice of appeal. The district court denied Gillis’
motion for reconsideration for lack of jurisdiction, see Griggs v. Provident Consumer Disc.
Co., 459 U.S. 56, 58 (1982), but noted that it would have granted the motion had she not
already filed her notice of appeal. In light of this ruling, we vacate the order denying Gillis’
motion for reconsideration and remand to the district court for further proceedings. See
Fobian v. Storage Tech., 164 F.3d 887 (4th Cir. 1999). We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
VACATED AND REMANDED