Ernest Hodges, Jr. v. Eric Wilson
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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