David and Sabrina Miller sued Tysons Watch and Jewelry Exchange and other defendants in Virginia state court. The defendants removed the case to federal court in the Eastern District of Virginia. The district court granted the defendants' motion to dismiss the case and subsequently denied the Millers' second motion for reconsideration. The Millers attempted to appeal this dismissal order but filed their notice of appeal one day late. They sought a one-day extension to the appeal period, arguing that they had mailed the notice via FedEx within the deadline. The district court denied the extension, finding no excusable neglect. The Millers then filed two appeals in the Fourth Circuit: one challenging the dismissal itself and another challenging the denial of the extension.
The court addressed two consolidated appeals. First, regarding the untimely filing, the court reiterated that the thirty-day deadline for filing a notice of appeal in civil cases is a mandatory claim-processing rule. Under Fed. R. App. P. 4(a)(1)(A), the appeal was due on August 12, 2024, but the notice was not received until August 13, 2024. Because the deadline is mandatory, the court lacks the authority to extend it sua sponte. The appellants must demonstrate excusable neglect or good cause to obtain an extension under Fed. R. App. P. 4(a)(5). The district court had already determined on remand that the Millers failed to meet this burden. Second, regarding the argument that mailing via FedEx constituted timely filing, the court clarified that Fed. R. Civ. P. 5(b)(2)(C) applies only to service on parties, not to filing with the court. Furthermore, Fed. R. App. P. 4(c), which treats mailing as filing, is strictly limited to the prison context. Since the Millers were not incarcerated, their reliance on these rules was misplaced. The court found no abuse of discretion in the district court's denial of the extension.
The district court's order dismissing the underlying civil action is now final and enforceable. The Millers have lost the right to appeal the dismissal in the Fourth Circuit. This decision reinforces that strict adherence to the thirty-day filing deadline is required in civil cases and that non-prison litigants cannot rely on private courier services like FedEx to cure a late filing under the Federal Rules of Appellate Procedure.