Spencer Myers v. Terry O'Brien

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999910334-2] Originating case number: 5:14-cv-00162-FPS-MJA Copies to all parties and the district court/agency. [999989467]. Mailed to: Spencer Myers. [16-6858]

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Appeal: 16-6858 Doc: 10 Filed: 12/19/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6858 SPENCER T. MYERS, Petitioner - Appellant, v. TERRY O’BRIEN, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:14-cv-00162-FPS-MJA) Submitted: December 15, 2016 Decided: December 19, 2016 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Spencer T. Myers, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6858 Doc: 10 Filed: 12/19/2016 Pg: 2 of 2 PER CURIAM: Spencer T. Myers, a federal prisoner, appeals the district court’s judge order and petition. error. denying relief recommendation on his 28 of the U.S.C. magistrate § 2241 (2012) We have reviewed the record and find no reversible we affirm for the reasons stated by the district See Myers v. O’Brien, No. 5:14-cv-00162-FPS-MJA (N.D.W. Va. May 26, 2016). facts the Accordingly, although we grant leave to proceed in forma pauperis, court. accepting 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 2

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