Billy Boyd v. State of South Carolina

Filing

OPINION/ORDER DIRECTING LIMITED REMAND filed by GSA, RBK and CHH [4CCA retains jurisdiction]. Originating case number: 1:11-cv-02981-TMC. Copies to all parties and the district court/agency. Mailed to: B. Boyd. [998917244] [12-6490, 12-6553]

Appeal: 12-6490

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6490

BILLY ROY BOYD,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA,
Respondent - Appellee.

No. 12-6553

BILLY ROY BOYD,
Petitioner - Appellant,
v.
BERNARD MCKIE, Warden of Kirkland Correctional Institution,
Respondent – Appellee,
and
ALAN WILSON,
Respondent.

Appeals from the United States District Court for the District
of South Carolina, at Aiken.
Timothy M. Cain, District Judge.
(1:11-cv-02981-TMC; 1:12-cv-00201-TMC-SVH)

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Submitted:

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August 6, 2012

Before KING and
Circuit Judge.

AGEE,

Decided:

Circuit

Judges,

and

August 16, 2012

HAMILTON,

Senior

Remanded by unpublished per curiam opinion.

Billy Roy Boyd, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Billy Roy Boyd, a state prisoner, seeks to appeal the
district

court’s

orders

accepting

the

recommendation

of

the

magistrate judge and dismissing his motion, construed as a 28
U.S.C. § 2241 (2006) petition, without prejudice, and dismissing
his 28 U.S.C. § 2254 (2006) petition without prejudice.

The

district court has requested that these cases be returned to the
district court so that a filing error may be corrected and the
petitions may be appropriately addressed.

We grant the district

court’s request and order a limited remand for that purpose.
See Fed. R. Civ. P. 60(a); Fobian v. Storage Tech. Corp., 164
F.3d 887 (4th Cir. 1999).

The record, as supplemented, will

then be returned to this court for further consideration.

If

still dissatisfied, Boyd can also appeal to this court from any
subsequent final order or orders of the district court.
REMANDED

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