Vernarde Cotton v. Warden Joyce Francis

Filing 920081218


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6661 VERNARDE COTTON, Petitioner - Appellant, v. WARDEN JOYCE FRANCIS, Respondent Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Frederick P. Stamp, Jr., Senior District Judge. (3:06-cv-00031-FPS-JES) Submitted: October 20, 2008 Decided: December 18, 2008 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Vernarde Cotton, Appellant Pro Se. Daniel W. Dickinson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Betsy C. Jividen, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Vernarde district court's Cotton, orders a federal the prisoner, appeals of the the accepting recommendation magistrate judge and denying relief on Cotton's 28 U.S.C. 2241 (2000) petition, and denying his Fed. R. Civ. P. 59(e) motion for reconsideration. reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated See Cotton v. Francis, No. 3:06-cvWe by the district court. 00031-FPS-JES (N.D. W. Va. Mar. 12, 2007 & Mar. 28, 2008). 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 2

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