United States v. Akinkoye

16 F. App'x 179

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 3, 2001
• Docket: 01-6438
• Status: Unpublished

Opinion

OPINION

PER CURIAM.

Akinbobola Akinkoye seeks to appeal the district court’s order denying his motion to compel to produce pretrial discovery and trial motions. The district court entered an order denying AMnkoye’s motion on October 5, 2000. However, Akinkoye did not file a notice of appeal until March 6, 2001, in which he indicated that he did not receive notice of the order to be appealed until that day. Where, as here, a pro se appellant files an untimely notice of appeal offering some excuse for its untimeliness, that notice is properly construed as a motion to reopen the time to note an appeal under Fed. R.App. P. 4(a)(6). See United States v. Feuver, 236 F.3d 725, 729 n. 7 (D.C.Cir.2001). Accordingly, we remand the case to the district court for the court to determine whether Aldnkoye can satisfy the requirements of Rule 4(a)(6). See Ogden v. San Juan Cnty., 32 F.3d 452, 454 (10th Cir.1994). The record, as supplemented, will then be returned to this court for further consideration.

REMANDED.