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Herriott v. McCabe

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 28, 2020
No. 20-6345 (4th Cir. Jul. 28, 2020)

Opinion

No. 20-6345

07-28-2020

KEVIN HERRIOTT, Plaintiff - Appellant, v. WAYNE MCCABE, Warden, Kershaw Correctional Institution, Respondent - Appellee.

Kevin Herriott, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of South Carolina, at Greenville. David C. Norton, District Judge. (6:19-cv-00803-DCN) Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges. Remanded by unpublished per curiam opinion. Kevin Herriott, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kevin Herriott seeks to appeal the district court's order adopting the recommendation of the magistrate judge and dismissing as untimely Herriott's 28 U.S.C. § 2254 (2018) petition. After noting his appeal, Herriott timely filed a Fed. R. Civ. P. 60(b)(1) motion, which remains pending in the district court. Consistent with Fobian v. Storage Tech. Corp., 164 F.3d 887, 890-91 (4th Cir. 1999), we order a limited remand and direct the district court to promptly consider the Rule 60(b)(1) motion. Once the court denies or indicates its intention to grant the motion, see id. at 891, the record, as supplemented, will then be returned to this court for further consideration. In ordering this remand, we express no opinion as to the merits of Herriott's motion.

REMANDED


Summaries of

Herriott v. McCabe

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 28, 2020
No. 20-6345 (4th Cir. Jul. 28, 2020)
Case details for

Herriott v. McCabe

Case Details

Full title:KEVIN HERRIOTT, Plaintiff - Appellant, v. WAYNE MCCABE, Warden, Kershaw…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 28, 2020

Citations

No. 20-6345 (4th Cir. Jul. 28, 2020)