Ernest Hodges, Jr. v. Eric Wilson

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999354312-2]; denying Motion for abeyance (Local Rule 12(d)) [999354315-2] Originating case number: 1:13-cv-01523-LMB-JFA Copies to all parties and the district court/agency. [999425012]. Mailed to: Hodges. [14-6604]

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Appeal: 14-6604 Doc: 10 Filed: 08/28/2014 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6604 ERNEST FREDERICK HODGES, Petitioner - Appellant, v. ERIC D. WILSON, Warden of FCC Petersburg, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:13-cv-01523-LMB-JFA) Submitted: August 25, 2014 Before WILKINSON and Senior Circuit Judge. DUNCAN, Decided: Circuit Judges, August 28, 2014 and HAMILTON, Affirmed by unpublished per curiam opinion. Ernest Frederick Hodges, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-6604 Doc: 10 Filed: 08/28/2014 Pg: 2 of 2 PER CURIAM: Ernest Frederick Hodges, Jr., a federal prisoner, appeals the district court’s orders denying relief on his 28 U.S.C. § 2241 (2012) petition and denying his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. The district court initially treated Hodges’ pleading as a successive 28 U.S.C. § 2255 (2012) motion and dismissed it on that basis. In the order denying the motion to alter or amend the judgment, the district court held that available under § 2241. reversible error. the relief Hodges seeks is not We have reviewed the record and find no Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court in its order denying the Rule 59(e) motion. Hodges v. Wilson, No. 1:13-cv-01523-LMB-JFA (E.D. Va. Feb. 12, 2014). Hodges’ denied. We dispense with oral argument because the facts and legal before contentions this court motion to place are adequately and argument the appeal presented would not in aid in abeyance the the is materials decisional process. AFFIRMED 2

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