UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6490
BILLY ROY BOYD,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA,
Respondent - Appellee.
No. 12-6553
BILLY ROY BOYD,
Petitioner - Appellant,
v.
BERNARD MCKIE, Warden of Kirkland Correctional Institution,
Respondent – Appellee,
and
ALAN WILSON,
Respondent.
Appeals from the United States District Court for the District
of South Carolina, at Aiken. Timothy M. Cain, District Judge.
(1:11-cv-02981-TMC; 1:12-cv-00201-TMC-SVH)
Submitted: August 6, 2012 Decided: August 16, 2012
Before KING and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Remanded by unpublished per curiam opinion.
Billy Roy Boyd, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Billy Roy Boyd, a state prisoner, seeks to appeal the
district court’s orders accepting the recommendation of the
magistrate judge and dismissing his motion, construed as a 28
U.S.C. § 2241 (2006) petition, without prejudice, and dismissing
his 28 U.S.C. § 2254 (2006) petition without prejudice. The
district court has requested that these cases be returned to the
district court so that a filing error may be corrected and the
petitions may be appropriately addressed. We grant the district
court’s request and order a limited remand for that purpose.
See Fed. R. Civ. P. 60(a); Fobian v. Storage Tech. Corp., 164
F.3d 887 (4th Cir. 1999). The record, as supplemented, will
then be returned to this court for further consideration. If
still dissatisfied, Boyd can also appeal to this court from any
subsequent final order or orders of the district court.
REMANDED
3