Travis Blank v. Collin County ( 2017 )

Case: 15-40733 Document: 00513931925 Page: 1 Date Filed: 03/29/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40733 FILED
Summary Calendar March 29, 2017
Lyle W. Cayce
Clerk
TRAVIS HUNTER BLANK,
Plaintiff-Appellant
v.
COLLIN COUNTY; TERRY BOX; RANDY CLARK; VICTOR HUTCHINSON;
JOHN FERRELL; SHAWNA KING; CORRECTIONAL HEALTHCARE
MANAGEMENT,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CV-519
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Travis Hunter Blank, federal prisoner # 16486-078, appeals the
dismissal of his complaint under 42 U.S.C. § 1983. Blank had 30 days from
the entry of the March 30, 2015, judgment to file a timely notice of appeal. See
FED. R. APP. P. 4(a)(1)(A). Blank’s pro se notice of appeal, deemed filed on May
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-40733 Document: 00513931925 Page: 2 Date Filed: 03/29/2017
No. 15-40733
14, 2015, the date he certified that he placed it in the prison mail system, is
untimely. See id.; Spotville v. Cain, 149 F.3d 374, 378 (5th Cir. 1998).
A district court may grant a defendant an additional 30 days in which to
file a notice of appeal upon a showing of excusable neglect or good cause. See
FED. R. APP. P. 4(a)(5). Blank’s notice of appeal, which was filed within this
additional 30-day period, sufficed as a motion under Rule 4(a)(5). See United
States v. Golding, 739 F.2d 183, 184 (5th Cir. 1984). Accordingly, Blank’s
appeal is held in abeyance, and the case is REMANDED to the district court
for the limited purpose of issuing a ruling under Rule 4(a)(5). Upon ruling, the
district court shall promptly return the case to this court for dismissal or
further proceedings, as may be appropriate.
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