Larry Young v. Patricia Stansberry
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998537652-2] Originating case number: 1:09-cv-01276-AJT-TCB Copies to all parties and the district court/agency. [998626056]. Mailed to: Young. [11-6235]
<![CDATA[
Appeal: 11-6235
Document: 11
Date Filed: 07/06/2011
Page: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6235
LARRY ARNOLD YOUNG,
Petitioner – Appellant,
v.
PATRICIA R. STANSBERRY, Warden,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:09-cv-01276-AJT-TCB)
Submitted:
June 23, 2011
Decided:
July 6, 2011
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Larry Arnold Young, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-6235
Document: 11
Date Filed: 07/06/2011
Page: 2 of 2
PER CURIAM:
Larry Arnold Young appeals the district court’s order
dismissing
without
prejudice
his
28
U.S.C.
§ 2241
petition for failure to comply with the court’s order.
(2006)
We have
reviewed the record and affirm the dismissal, but modify the
disposition
to
dismissal
petition,
Young
sought
Amendment
657
to
the
with
a
prejudice.
reduction
United
in
States
In
his
sentence
Sentencing
§ 2241
based
on
Guidelines.
Because Young previously sought this identical relief, and the
district court denied relief on the merits, see United States v.
Young, No. 1:88-cr-00112-1 (S.D. W. Va. Apr. 29, 2010); United
States
v.
Young,
No.
1:88-cr-00112-1
(S.D.
W.
Va.
Apr.
21,
2006), Young’s attempt to relitigate this claim is barred.
We
therefore affirm the dismissal of the petition, but note that
the
dismissal
another
motion
is
with
seeking
prejudice
to
this
relief.
same
proceed in forma pauperis is granted.
Young’s
ability
Young’s
to
file
motion
to
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
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
