United States v. Thompson ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 99-2213
LEONARD D. THOMPSON; ALTA S.
THOMPSON,
Defendants-Appellants.
Appeal from the United States District Court
for the Western District of Virginia, at Roanoke.
James C. Turk, District Judge.
(CA-98-70)
Submitted: November 16, 1999
Decided: January 12, 2000
Before WILKINS, MICHAEL, and TRAXLER, Circuit Judges.
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Vacated and remanded by unpublished per curiam opinion.
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COUNSEL
Leonard D. Thompson, Alta S. Thompson, Appellants Pro Se. John
Francis Corcoran, OFFICE OF THE UNITED STATES ATTOR-
NEY, Roanoke, Virginia, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Leonard D. Thompson and Alta S. Thompson appeal from the dis-
trict court's judgment granting summary judgment for the United
States. Prior to entry of summary judgment, the district court failed
to provide the Thompsons with notice under Roseboro v. Garrison,
528 F.2d 309, 310 (4th Cir. 1975). Therefore, we vacate the judgment
of the district court and remand for issuance of the required notice and
further proceedings.* 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.
VACATED AND REMANDED
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*By this disposition, we indicate no view as to the merits of the district
court's judgment. Following the proceedings upon remand, then, the dis-
trict court possesses full authority to alter or re-enter its original judg-
ment.
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