Leudvick v. Cherry

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 19, 2004
• Docket: 03-7736
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7736

DAVIS MOSES LEUDVICK,

Petitioner - Appellant,

versus

ROY W. CHERRY, Superintendent, Hampton Roads Regional Jail, Portsmouth, Virginia; WARREN A. LEWIS, District Director, Immigration and Naturalization Service; JAMES ZIGLER, Commissioner, Immigration and Naturalization Service; JOHN ASHCROFT, Attorney General of the United States,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1107-AM)

Submitted: March 12, 2004 Decided: April 19, 2004

Before LUTTIG, WILLIAMS, and DUNCAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Davis Moses Leudvick, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

David Moses Leudvick appeals the district court’s order

dismissing his petition for habeas corpus, 28 U.S.C. § 2241 (2000),

pursuant to Fed. R. Civ. P. 41(b). After the district court

dismissed Leudvick’s petition for failure to inform the court of a

new address, Leudvick filed a notice of appeal. He subsequently

filed a document tending to show that he did not have a new

address. The district court construed this document as a motion

for relief from judgment pursuant to Fed. R. Civ. P. 60(b)(1) and

issued an order indicating its inclination to grant the motion.

See Fobian v. Storage Tech. Corp., 164 F.3d 887, 891 (4th Cir.

1999). Accordingly, we remand for the limited purpose of

consideration of the merits of Leudvick’s motion pursuant to Fed.

R. Civ. P. 60(b). See Fobian at 892. We express no opinion on the

merits of the motion. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

REMANDED

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