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UNITED STATES of America, Plaintiff-Appellee, v. Tavon ROBINSON, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2011-04-21No. No. 10-7137
424 F. App'x 237

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Opinion

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PER CURIAM:

Tavon Robinson seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) motion. That order was entered by the district court on February 19, 2010. Robinson, then a prisoner proceeding pro se, filed his notice of appeal between August 9 and August 11, 2010. Robinson’s notice of appeal is clearly untimely. See Fed. R.App. P. 4(a)(1)(A). In his notice, however, Robinson indicated that he never received the district court’s order. Under Fed. R.App. P. 4(a)(6), the district court may reopen the time to file an appeal for a fourteen-day period if: (1) the moving party did not receive notice of entry of judgment within twenty-one days after its entry; (2) a motion to reopen the appeal period is filed within 180 days of entry of judgment or within fourteen days of receiving notice from the district court, whichever is earlier; and (3) no party would be prejudiced by reopening. We remand to the district court for the limited purpose of determining whether Robinson is entitled to have his time to file an appeal reopened under Rule 4(a)(6). The record, as supplemented, will then be returned to this court for further consideration.

REMANDED

Robinson hand-dated his notice of appeal August 9, 2010; the prison mail room dated it August 11, 2010.