Corbett v. United States, Nos. 3:10cv501, 3:07cr144, 2010 WL 4718360 (W.D.N.C. Nov. 15, 2010):
When a United States Court of Appeals remands a case to the District Court for further proceedings, and such proceedings have not yet been conducted, a District Court is without authority to consider the merits of a § 2255 motion unless the remand only requires the District Court to perform a purely ministerial duty involving no discretion. See United States v. Dodson, 291 F.3d 268 (4th Cir. 2002).