United States v. Thompson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

No. 99-2213

LEONARD D. THOMPSON; ALTA S. THOMPSON, Defendants-Appellants.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-98-70)

Submitted: November 16, 1999

Decided: January 12, 2000

Before WILKINS, MICHAEL, and TRAXLER, Circuit Judges.

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Vacated and remanded by unpublished per curiam opinion.

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COUNSEL

Leonard D. Thompson, Alta S. Thompson, Appellants Pro Se. John Francis Corcoran, OFFICE OF THE UNITED STATES ATTOR- NEY, Roanoke, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit.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

OPINION

PER CURIAM:

Leonard D. Thompson and Alta S. Thompson appeal from the district court's judgment granting summary judgment for the United States. Prior to entry of summary judgment, the district court failed to provide the Thompsons with notice under Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975). Therefore, we vacate the judgment of the district court and remand for issuance of the required notice and further proceedings.* 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.

VACATED AND REMANDED

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*By this disposition, we indicate no view as to the merits of the district court's judgment. Following the proceedings upon remand, then, the district court possesses full authority to alter or re-enter its original judgment .