UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7934
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARRELL L. PADGETT,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. Elizabeth V. Hallanan,
Senior District Judge. (CR-91-166, CA-01-4)
Submitted: April 28, 2003 Decided: May 22, 2003
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darrell L. Padgett, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darrell L. Padgett appeals from the district court’s order on
remand finding that Padgett failed to show excusable neglect or
good cause sufficient to excuse his untimely filed notice of
appeal. However, in our opinion ordering the limited remand, we
stated that the remand was for the purpose of supplementing the
record on appeal, the merits of which would be decided after the
district court made its determination. Since we retained
jurisdiction over the case while the district court considered the
limited issue on remand, the district court’s order on remand is
unappealable. The proper forum for Padgett to pursue his claim that
the district court erred is in the original appeal, where, in fact,
the identical issues have already been raised. Accordingly, we
dismiss the appeal and deny Padgett’s motion to transmit the docket
sheet. 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.
DISMISSED
2