United States v. Cleve Johnson ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6469
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CLEVE ALEXANDER JOHNSON, a/k/a Cuz,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:08-cr-00233-TDS-1; 1:12-cv-00571-TDS-JLW)
Submitted: October 20, 2016 Decided: November 7, 2016
Before NIEMEYER, KEENAN, and WYNN, Circuit Judges.
Remanded by unpublished per curiam opinion.
Harvey Alexander Carpenter, IV, LAW OFFICES OF H.A. CARPENTER
IV, Greensboro, North Carolina, for Appellant. Joan Brodish
Childs, Sandra Jane Hairston, Robert Michael Hamilton, Angela
Hewlett Miller, Assistant United States Attorneys, Randall
Stuart Galyon, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cleve Alexander Johnson seeks to appeal the district
court’s order adopting the report and recommendation of the
magistrate judge and denying Johnson’s 28 U.S.C. § 2255 (2012)
motion. The notice of appeal was received in the district court
after expiration of the appeal period. However, Johnson claims
that he did not receive notice of the district court’s final
order in a timely manner. 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
reopened under Fed. R. App. P. 4(a)(6). The record, as
supplemented, will then be returned to this court for further
consideration.
REMANDED
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