United States v. Cherisson

156 F. App'x 586

Opinion

PER CURIAM:

Raymond Cherisson seeks to appeal the district court’s July 8, 2004, dismissal of his “Motion for habeas corpus relief based on newly reliable evidence and/or 60(b)(6),” which motion Cherisson filed on March 16, 2004. Cherisson filed his notice of appeal on April 18, 2005, over nine months after the district court’s dismissal of the motion, together with a separate motion of the same date to file his notice of appeal out of time. As the district court has not ruled on Cherisson’s April 18, 2005 motion to file an untimely appeal, this court is without jurisdiction at this juncture to review the dismissal of the Rule 60(b) motion. Accordingly, we remand this case to the district court for the limited purpose of ruling on Cherisson’s motion to file an untimely appeal.

REMANDED