US v. Cleve Johnson

Filing

OPINION/ORDER DIRECTING LIMITED REMAND [4CCA retains jurisdiction]. Originating case number: 1:08-cr-00233-TDS-1,1:12-cv-00571-TDS-JLW Copies to all parties and the district court/agency. Mailed to: Cleve Johnson. [999963261] [16-6469]

Appeal: 16-6469

Doc: 14

Filed: 11/07/2016

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UNPUBLISHED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Remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6469

Doc: 14

Filed: 11/07/2016

Pg: 2 of 2

PER CURIAM:
Cleve
court’s

Alexander

order

Johnson

adopting

the

seeks

report

to
and

appeal

the

district

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
reopened

the

time

under

for

Fed.

filing
R.

App.

a
P.

notice

of

4(a)(6).

appeal
The

should

be

record,

as

supplemented, will then be returned to this court for further
consideration.

REMANDED

2