Mark Fowler v. Kenny Atkinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999790840-2] Originating case number: 5:14-hc-02070-BO Copies to all parties and the district court/agency. [999919666]. Mailed to: Mark Fowler. [16-6381]

Appeal: 16-6381

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Filed: 08/30/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6381

MARK FOWLER,
Petitioner - Appellant,
v.
KENNY ATKINSON,
Respondent – Appellee,
and
CRAIG APKER,
Respondent.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-hc-02070-BO)

Submitted:

August 25, 2016

Decided:

August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Fowler, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6381

Doc: 11

Filed: 08/30/2016

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PER CURIAM:
Mark

Fowler,

a

federal

prisoner,

appeals

the

district

court’s orders denying relief on his 28 U.S.C. § 2241 (2012)
petition and denying his motion for reconsideration.
reviewed the record and find no reversible error.

We have

Accordingly,

although we grant leave to proceed in forma pauperis, we affirm. *
Fowler v. Atkinson, No. 5:14-hc-02070-BO (E.D.N.C. Jan. 28, 2016
& Feb. 25, 2016).
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

*

To the extent that Fowler characterizes his informal brief
as a petition for writ of mandamus, mandamus is not a substitute
for appeal. United States v. Moussaoui, 333 F.3d 509, 517 (4th
Cir. 2003).

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