UNITED STATES v. VANN (2018)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Warren Douglas VANN, Defendant-Appellant.

No. 18-7018

Decided: June 21, 2018

Before BRISCOE, HOLMES, and MATHESON, Circuit Judges.

Gregory Dean Burris, Linda A. Epperley, Office of the United States Attorney, Eastern District of Oklahoma, Muskogee, OK, for Plaintiff-Appellee Warren Douglas Vann, Pro Se

ORDER AND JUDGMENT *

Defendant-Appellant, Warren Douglas Vann, is in the custody of the Federal Bureau of Prisons. Proceeding pro se in the United States District Court for the Eastern District of Oklahoma, Mr. Vann filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. The district court denied Mr. Vann’s motion and refused to grant a certificate of appealability (“COA”).

Mr. Vann initiated this appeal, in which he has filed an opening brief that includes a request for a COA. Pursuant to Tenth Circuit Rule 22.1(B), the United States has not filed a response brief. In accordance with 28 U.S.C. § 2253(c), a COA is granted as to whether Mr. Vann is entitled to equitable tolling.

In addition, we VACATE the district court’s judgment, and REMAND with instructions for the district court to conduct any further proceedings necessary to determine whether Mr. Vann is entitled to equitable tolling. The Clerk is directed to issue the mandate forthwith.

Per Curiam

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