UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6725
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RAYMOND CHERISSON, a/k/a Haitian James,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (CR-94-97)
Submitted: November 22, 2005 Decided: December 2, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Remanded by unpublished per curiam opinion.
Raymond Cherisson, Appellant Pro Se. Christine Blaise Hamilton,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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
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