Fleming v. Olson

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 6, 2002
• Docket: 02-6307
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6307

DEREK MARQUIS FLEMING,

Petitioner - Appellant,

versus

KEITH E. OLSON, Warden, F.C.I. Beckley,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, District Judge. (CA-97-660-5)

Submitted: May 30, 2002 Decided: June 6, 2002

Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Derek Marquis Fleming, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Derek Marquis Fleming appeals the district court’s orders (1)

denying his motion filed under Fed. R. Civ. P. 60(b)(6), to vacate

the court’s order denying relief on his 28 U.S.C. § 2241 (1994)

petition and (2) denying his motion for reconsideration. We have

reviewed the record and the district court’s opinions and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Fleming v. Olson, No. CA-97-660-5 (S.D.W. Va. Jan.

4, 2002; Jan. 28, 2002). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED