Joseph Cherry, II v. Terry O'Brien
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999170665-2] .Originating case number: 3:13-cv-00001-GMG-DJJ. Copies to all parties and the district court/agency. [999221946]. Mailed to: Joseph Cherry. [13-7161]
Appeal: 13-7161
Doc: 10
Filed: 10/21/2013
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7161
JOSEPH M. CHERRY, II,
Petitioner - Appellant,
v.
WARDEN TERRY O’BRIEN,
Respondent – Appellee,
and
USP HAZELTON,
Respondent.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg.
Gina M. Groh,
District Judge. (3:13-cv-00001-GMG-DJJ)
Submitted:
October 17, 2013
Decided: October 21, 2013
Before AGEE, DAVIS, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Joseph M. Cherry, II, Appellant Pro Se.
Helen Campbell
Altmeyer,
Jarod
James
Douglas,
Assistant
United
States
Attorneys, Wheeling, West Virginia, for Appellee.
Appeal: 13-7161
Doc: 10
Filed: 10/21/2013
Pg: 2 of 3
Unpublished opinions are not binding precedent in this circuit.
2
Appeal: 13-7161
Doc: 10
Filed: 10/21/2013
Pg: 3 of 3
PER CURIAM:
Joseph M. Cherry, II, a federal prisoner, appeals the
district
court’s
order
accepting
the
recommendation
of
the
magistrate judge and denying relief on his 28 U.S.C.A. § 2241
(West 2006 & Supp. 2013) petition.
and find no reversible error.
leave
to
court’s
proceed
order.
in
forma
Cherry
v.
(N.D.W. Va. June 19, 2013).
We have reviewed the record
Accordingly, although we grant
pauperis,
O’Brien,
we
No.
affirm
the
district
3:13-cv-00001-GMG-DJJ
We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED
3
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?