Michael Owlfeather-Gorbey v. Warden

Opinion

USCA4 Appeal: 22-6170 Doc: 19 Filed: 07/17/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6169

(CHIEF) COL. MICHAEL S. OWLFEATHER-GORBEY,

Petitioner - Appellant,

v.

WARDEN, FCI Beckley,

Respondent - Appellee.

No. 22-6170

Appeals from the United States District Court for the Southern District of West Virginia, at Beckley. Frank W. Volk, District Judge. (5:21-cv-00367; 5:21-cv-00387, 5:21-cv- 00492)

Submitted: July 3, 2023 Decided: July 17, 2023 USCA4 Appeal: 22-6170 Doc: 19 Filed: 07/17/2023 Pg: 2 of 3

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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 22-6170 Doc: 19 Filed: 07/17/2023 Pg: 3 of 3

PER CURIAM:

(Chief) Col. Michael S. Owlfeather-Gorbey appeals the district court’s orders

accepting the recommendations of the magistrate judge in part, dismissing his 28 U.S.C.

§ 2241 petitions without prejudice for failure to assert cognizable habeas claims, denying

his motion for reconsideration, and imposing a pre-filing injunction. * We have reviewed

the record and find no reversible error. Accordingly, we affirm the district court’s orders.

See Owlfeather-Gorbey v. Warden, No. 5:21-cv-00367 (S.D.W. Va. Feb. 4, 2022; Jan. 19,

2022; Jan. 18, 2022; filed Nov. 17, 2021; entered Nov. 18, 2021). 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

* We deny a certificate of appealability as unnecessary. See Harbison v. Bell, 556 U.S. 180, 183 (2009); United States v. Williams, 56 F.4th 366, 370 n.3 (4th Cir. 2023).