US v. Leverne Silver
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:04-cr-00062-BR-1, 5:15-cv-00674-BR. Copies to all parties and the district court. . Mailed to: Leverne Silver. [17-6460]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. W. Earl Britt, Senior District Judge. (5:04-cr-00062-BR-1; 5:15-cv-00674-BR)
Submitted: June 20, 2017
Decided: June 23, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leverne Silver, Appellant Pro Se. Eric David Goulian, OFFICE OF THE UNITED
STATES ATTORNEY, Jennifer P. May-Parker, Assistant United States Attorney,
Stephen Aubrey West, Assistant United States Attorney, Raleigh, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Leverne Silver filed a notice of appeal after the Federal Public Defender moved to
withdraw from representation in Silver’s 28 U.S.C. § 2255 (2012) proceeding. Our
review of the district court’s docket reveals that both Silver’s § 2255 motion, and the
Government’s motion to dismiss, remain pending in the district court. Because there is
no order from which Silver may appeal, we dismiss this appeal. 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.
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