Randolph v. Felts

Filing 920061024


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7466 JACK DEWHAN RANDOLPH, Plaintiff - Appellant, versus CHARLES T. FELTS, Warden, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:05-cv-00805) Submitted: October 17, 2006 Decided: October 24, 2006 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jack Dewhan Randolph, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Jack Dewhan Randolph appeals the district court's judgment order accepting the recommendation of the magistrate judge and denying his 28 U.S.C. 2241 (2000) petition. the record and find no reversible error. We have reviewed Accordingly, we affirm See Randolph v. We dispense for the reasons stated by the district court. Felts, No. 5:05-cv-00805 (S.D.W. Va. July 21, 2006). 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.* AFFIRMED To the extent Randolph may be seeking authorization under 28 U.S.C. 2244 (2000) to file a second or successive 28 U.S.C. 2255 (2000) motion, we deny authorization. - 2 - *

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