In re: Michael Owlfeather-Gorbey

CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 8, 2023
Docket22-6254
StatusUnpublished

This text of In re: Michael Owlfeather-Gorbey (In re: Michael Owlfeather-Gorbey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: Michael Owlfeather-Gorbey, (4th Cir. 2023).

Opinion

USCA4 Appeal: 22-6254 Doc: 14 Filed: 08/08/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6254

In re: INJUNCTION ORDER AS TO MICHAEL S. OWLFEATHER-GORBEY,

Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Frank W. Volk, District Judge. (5:22-mc-00019)

Submitted: July 21, 2023 Decided: August 8, 2023

Before KING, AGEE, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael S. Owlfeather-Gorbey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6254 Doc: 14 Filed: 08/08/2023 Pg: 2 of 2

PER CURIAM:

Michael S. Owlfeather-Gorbey appeals the district court’s order accepting the

recommendation of the magistrate judge in part and imposing a pre-filing injunction, which

was entered in Owlfeather-Gorbey v. Warden, No. 5:21-cv-00367 (S.D.W. Va. Feb. 4,

2022), and refiled in this miscellaneous case pursuant to the terms of the order. Owlfeather-

Gorbey previously appealed the order in Owlfeather-Gorbey v. Warden, and we affirmed

the order. See Owlfeather-Gorbey v. Warden, Nos. 22-6169, 22-6170, 2023 WL 4557477

(4th Cir. July 17, 2023). Owlfeather-Gorbey is not entitled to a second appeal of the same

order. See United States v. Arlt, 567 F.2d 1295, 1297 (5th Cir. 1978). Moreover, having

considered his arguments in this appeal, we remain convinced of the correctness of our

prior decision. See Fusaro v. Howard, 19 F.4th 357, 367-68 (4th Cir. 2021). Accordingly,

we affirm the district court’s order. See In re Injunction Order as to Michael S. Owlfeather-

Gorbey, No. 5:22-mc-00019 (S.D.W. Va. Feb. 4, 2022). We dispense with oral argument

because the facts and legal contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

AFFIRMED

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Related

United States v. Edward J. Arlt, III
567 F.2d 1295 (Fifth Circuit, 1978)
Dennis Fusaro v. Charlton T. Howard, III
19 F.4th 357 (Fourth Circuit, 2021)

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In re: Michael Owlfeather-Gorbey, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-owlfeather-gorbey-ca4-2023.