Banks v. Stansberry

Filing 920070725

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6602

FREDERICK HAMILTON BANKS, Petitioner - Appellant, versus PATRICIA R. STANSBERRY, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:07-hc-02011-H)

Submitted: July 19, 2007

Decided:

July 25, 2007

Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Frederick Hamilton Banks, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Frederick Hamilton Banks, a federal prisoner, appeals

the district court's order dismissing his 28 U.S.C. § 2241 (2000) petition. error. We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the

district court, but we modify the dismissal to reflect that it is without prejudice. Banks v. Stansberry, No. 5:07-hc-02011-H

(E.D.N.C. Apr. 5, 2007).

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.

AFFIRMED AS MODIFIED

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