United States v. Michael Davis

U.S. Court of Appeals for the Fourth Circuit
United States v. Michael Davis, 633 F. App'x 113 (4th Cir. 2016)

United States v. Michael Davis

Opinion

Remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Freddie Davis seeks to appeal the district court’s judgment accepting the recommendation of the magistrate judge and granting Respondent’s motion to dismiss Davis’ 28 U.S.C. § 2255 (2012) motion. The district court has requested that *114 this case be remanded so that the district court may consider Davis’ timely filed, but belatedly received, request for an extension of time to file objections to the report and recommendation. The district court would then consider any of Davis’ timely filed objections. We grant the district court’s request and remand for that purpose. See Fobian v. Storage Tech. Corp., 164 F.3d 887 (4th Cir. 1999). After the district court issues its order, if still dissatisfied Davis may appeal that determination to this court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

REMANDED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Michael Freddie DAVIS, Defendant-Appellant
Status
Unpublished