Jonah Jervais SOVEREIGN, a/k/a Jarvis L. Canslor, Plaintiff-Appellant, v. Leslie FLEMING; J.J. Short; R. Saylor; J.B. Crabtree; C/o A. Craft, Defendants-Appellees, 677 F. App'x 135

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jonah Jervais Sovereign seeks to appeal the district court’s order dismissing his civil rights complaint. Parties are accorded 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). However, if a party moves for an extension of time to appeal within 30 days after expiration of the original appeal period and demonstrates excusable neglect or good cause, a district court may extend the time to file a notice of appeal. Fed. R. App. P. 4(a)(5)(A); Washington v.

Bumgarner, 882 F.2d 899, 900-01 (4th Cir. 1989). The district court’s order was entered on the docket on September 2, 2016. The notice of appeal was filed on October 16, 2016, after the expiration of the 30-day appeal period but within the 30-day excusable neglect period. Because Sovereign’s notice of appeal offered some excuse for his untimeliness, we construe it as a request for an extension of time accompanying his notice of appeal. Accordingly, we remand the case for the limited purpose of allowing the district court to determine whether the time for filing a notice of appeal should be extended under Fed. R.

App. P. 4(a)(5)(A). The record, as supplemented, will then be returned to this court for further consideration. REMANDED For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).