UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7514
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MICHAEL FREDDIE DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., Chief District Judge. (1:07-cr-00320-WO-1; 1:12-cv-00341-
WO-JEP)
Submitted: February 2, 2016 Decided: February 9, 2016
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Remanded by unpublished per curiam opinion.
Michael Freddie Davis, Appellant Pro Se. Michael Francis Joseph,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Freddie Davis seeks to appeal the district court’s
judgment accepting the recommendation of the magistrate judge
and granting Respondent’s motion to dismiss Davis’ 28 U.S.C.
§ 2255 (2012) motion. The district court has requested that
this case be remanded so that the district court may consider
Davis’ timely filed, but belatedly received, request for an
extension of time to file objections to the report and
recommendation. The district court would then consider any of
Davis’ timely filed objections. We grant the district court’s
request and remand for that purpose. See Fobian v. Storage
Tech. Corp., 164 F.3d 887 (4th Cir. 1999). After the district
court issues its order, if still dissatisfied Davis may appeal
that determination to this court. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
REMANDED
2