Pakuja Vang v. Valdese Weaver ( 2023 )

USCA4 Appeal: 22-2063 Doc: 10 Filed: 01/19/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-2063
PAKUJA CRYSTAL VANG,
Plaintiff - Appellant,
v.
VALDESE WEAVER; MELISSA MITCHELL, Safety Manager; SCOTT LNU,
Plant Manager; BRITTANY LNU, Circa Plant Human Resource; NANCY YANG,
Main Plant Coordinator,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Martin K. Reidinger, Chief District Judge. (1:22-cv-00119-MR-WCM)
Submitted: January 17, 2023 Decided: January 19, 2023
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Remanded by unpublished per curiam opinion.
Pakuja Crystal Vang, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-2063 Doc: 10 Filed: 01/19/2023 Pg: 2 of 2
PER CURIAM:
Pakuja Crystal Vang seeks to appeal the district court’s order dismissing without
prejudice her civil complaint. In civil cases, parties have 30 days after the entry of the
district court’s final judgment or order to note an appeal. Fed. R. App. P. 4(a)(1)(A). The
district court may extend the time to note an appeal, however, if a party moves for such an
extension within 30 days of the expiration of the appeal period and demonstrates excusable
neglect or good cause warranting an extension. Fed. R. App. P. 4(a)(5). “[T]he timely
filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205, 214 (2007).
The district court entered its dismissal order on September 1, 2022. Vang filed her
notice of appeal on October 6, 2022, which was after the 30-day appeal period had expired
but within the period for seeking an extension of the time to appeal. Together with her
notice of appeal, Vang submitted a pro se letter to the district court providing reasons for
her belated filing of the notice of appeal. We liberally construe Vang’s letter as a motion
for an extension of the appeal period and remand this case to the district court for the
limited purpose of determining whether Vang has demonstrated excusable neglect or good
cause warranting an extension of the appeal period. The record, as supplemented, will then
be returned to this court for further consideration.
REMANDED
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