US v. Shamsadeen Purvis
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff Appellee, v. SHAMSADEEN IBN PURVIS, Defendant Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:04-cr-00495-AW-1; 8:08-cv-00170-AW)
December 4, 2008
December 24, 2008
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Remanded by unpublished per curiam opinion.
Shamsadeen Ibn Purvis, Appellant Pro Se. Michael R. Pauze, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Shamsadeen Ibn Purvis seeks to appeal the district
court's order dismissing his 28 U.S.C. § 2255 (2000) motion. The district court based its dismissal on Purvis's failure to supplement his motion to explain why it should not be considered untimely after being ordered by the court to do so. Although
Purvis filed a timely response in compliance with the court's order and provided evidence that his § 2255 motion was timely filed, the response was inadvertently overlooked. After noting a timely appeal, Purvis filed a motion for reentry of order in the district court requesting that the court vacate its dismissal order under Fed. R. Civ. P. 60(b) and reenter it, so that he could file a timely motion to alter or amend judgment under Fed. R. Civ. P. 59(e), which he claimed he was prevented from doing by the court's failure to send him a copy of its order within the ten-day period. The district court
denied the motion without prejudice but requested leave from this court under Fed. R. Civ. P. 60(a) to correct its mistake arising from oversight or omission. We grant such leave and remand to the district court for the purpose of correcting its mistake and granting relief under Rule 60. See Fobian v. Storage Tech. Corp., 164 F.3d 887 The record, as supplemented, will then be court for further 2 consideration. If still
(4th Cir. 1999). returned to this
dissatisfied, the parties can also appeal to this court from any subsequent final order. See id. REMANDED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?