Garner v. Lamanna

146 F. App'x 672

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 25, 2005
• Docket: 05-7141
• Status: Unpublished

Opinion

PER CURIAM:

Vincent Garner, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2241 (2000). Garner claims the district court erred by referring his petition to a magistrate judge, but the district court was well within its jurisdiction to refer the case under 28 U.S.C. § 636(b)(1)(B) (2000). The district court also was not required to obtain Garner’s consent to refer the case to a magistrate judge because the magistrate judge did not enter a final order in the case. See United States v. Bryson, 981 F.2d 720 (4th Cir.1992). Accordingly, we affirm the judgment of the district court. 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