Foley v. O'Brien

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6096

MAURICE FOLEY,

Petitioner - Appellant,

v.

TERRY O’BRIEN, Warden,

Respondent - Appellee.

No. 10-6245

Appeals from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:09-cv-00212-jct-mfu)

Submitted: April 22, 2010 Decided: April 28, 2010

Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion.

Maurice Foley, Appellant Pro Se. Sara Bugbee Winn, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Maurice Foley, a federal prisoner, appeals the

district court’s order dismissing without prejudice his 28

U.S.C. § 2241 (2006) petition, and its subsequent order denying

leave to proceed in forma pauperis on appeal. We have reviewed

the record and find no reversible error. Accordingly, although

we grant leave to proceed in forma pauperis, we affirm for the

reasons stated by the district court. Foley v. O’Brien, No.

7:09-cv-00212-jct-mfu (W.D. Va. Dec. 29, 2009, Feb. 3, 2010).

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