Robert Carswell v. Terry O'Brien

Filing 920091124

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7388 ROBERT CARSWELL, Petitioner - Appellant, v. TERRY O'BRIEN, Warden, USP Lee, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:09-cv-00191-jct-mfu) Submitted: November 17, 2009 Decided: November 24, 2009 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Carswell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Carswell seeks to appeal the district court's order dismissing his 28 U.S.C. 2241 (2006) petition for a writ of habeas corpus without prejudice for failure to comply with the filing fee order. issues 34(b). raised in the On appeal, we confine our review to Appellant's brief. See 4th Cir. Rule Carswell's brief fails to challenge the district court's dispositive conclusion that he failed to pay the filing fee for his 2241 petition. district facts court. legal We Accordingly, we affirm the order of the dispense with are oral argument because in the the and contentions adequately presented materials before the court and argument would not aid in the decisional process. AFFIRMED 2

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