UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 6084

JAMARV PAREMORE HAMMOND, also known as Jamarv P. Hammond, #265009 ,
Plaintiff

- Appellant ,

v.
LIEUTENANT BURNS; SERGEANT CHRISTOPHER COONS; CORPORAL COOPER; CORPORAL JULIUS BEAN ,
Defendants

- Appellees ,
and
SHERIFF L. C. KNIGHT; MAJOR RICHARD DARLINGTON ,
Defendants

.

No. 22

- 6086

JAMARV PAREMORE HAMMOND, also known as Jamarv P

. Hammond, #265009 ,
Plaintiff

- Appellant ,

v.
SHERIFF L. C. KNIGHT; MAJOR R. DARLINGTON; LIEUTENANT BRANCH; JOHN DOE, Transportation Sgt.; SHERIFF AL CANON; CHIEF DEPUTY WILLIS BEATTY; MAJOR HARRIS; MAJOR GRANT; CAPTAIN SALTERS; LT . LUKE; LT. DRISCOLL; SGT. GLADDEN; SGT. SHEPPARD , USCA4 Appeal: 22-6084 Doc: 25 Filed: 07/26/2022 Pg: 1 of 42 Defendants

- Appellees

.

Appeal s from the United States District Court for the District of South Carolina , at Florence

. Joseph F. Anderson, Jr., Senior District Judge. ( 4:20

- cv
- 03113

- JFA , 4:20

- cv
03114

- JFA )

Submitted : July 21, 2022 Decided: July 26, 2022

Before MOTZ, HARRIS, and RUSHING , Circuit Judges.

Remanded by un published per curiam opinion

.

Jamarv Paremore Hammond , Appellant Pro Se. George Buist Smythe, Jr ., Mount Pleasant, South Carolina; J.W. Nelson Chandler , CHANDLER & DUDGEON LLC , Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6084 Doc: 25 Filed: 07/26/2022 Pg: 2 of 43 PER CURIAM:
In these consolidated appeals, Jamarv Parem ore Hammond, a federal inmate, seeks
to appeal the district court’s denial s of relief in two civil actions. “[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). P arties have 30 days after the entry of the district court ’s final judgment

or order to note an appeal in a civil case , Fed. R. App. P. 4(a)(1)(A), unless the district
court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period

und er Fed. R. App. P. 4(a)(6) . A district court may reopen the appeal period under Rule
4(a)(6) if (1) the party moving for reopening did not receive notice of the entry of the
judgment or order sought to be appealed within 21 days after entry ; (2) the motio n to reopen

is filed within 180 days after the entry of the judgment or order, or within 14 days after
receiving notice of such entry, whichever is earlier ; and (3) a reopening would not prejudice

any party

.
In Case No. 22

- 6084, the district court accepted the magistrate judge’s

recommendation and awarded summary judgment to the defendants in an order entered on
November 29, 2021. And in Case No. 22

- 6086, the district court accepted the magistrate
judge’s recommendations and denied relief on Hammond’s complaint in an order entered
on September 29, 2021. Hammond noted an appeal in each case on January 11, 2022. 1

Thus, in each case, Hammond’s appeal was filed after the 30

- day appeal period expired.

1 We assume that the dates appearing on Hammond’s notices of appeal are the earliest dates that he could have provided them to prison officials for mailing to the district court

. See Fed. R. App. P. 4(c)(1); Houston v. Lack , 487 U.S. 266, 276 (1988). USCA4 Appeal: 22-6084 Doc: 25 Filed: 07/26/2022 Pg: 3 of 44 H ammond stated in ea ch notice of appeal , however, that he did not receive the district

court’s final order until January 6, 2022.
Because Hammond’s notices of appeal informed the district court that he wished to
appeal and that he did not receive the court’s final orders unti l January 6, we construe them
as motions to reopen the appeal period . We therefore remand to the district court for the
limited purpose of determining whether Hammond is entitled to a reopening of the appeal
period pursuant to Rule 4(a)(6) in one or both cases

. 2 T he record s , as supplemented, will

then be returned to this court for further consideration.

REMANDED

2 We defer ruling on Hammond’s motions to appoint counsel and to forgo service on other parties. USCA4 Appeal: 22-6084 Doc: 25 Filed: 07/26/2022 Pg: 4 of 4