Caesarea James v. Anne Carter, No. 15-6154 (4th Cir. 2015)

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This opinion or order relates to an opinion or order originally issued on August 4, 2015.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6154 CAESAREA DEVELLE JAMES, JR., Petitioner - Appellant, v. ANNE MARY CARTER, The Warden of MCI Correctional Institution of Morgantown, of the Federal Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:14-cv-00042-JPB-JES) Submitted: November 30, 2015 Decided: December 4, 2015 Before MOTZ, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Caesarea Develle James, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Caesarea Develle James, Jr., a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge to deny relief on James’ 28 U.S.C. (2012) petition and/or Fed. R. Civ. P. 60(b) motion. * reviewed the record and find no reversible error. § 2241 We have Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. James v. Carter, No. 29, 2:14-cv-00042-JPB-JES (N.D. W. Va. Oct. 2014). We further deny as moot James’ motion for a preliminary injunction. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED * We construed James’ untimely notice of appeal as a motion for extension of time to file a notice of appeal and, accordingly, remanded to the district court to determine whether James had demonstrated excusable neglect or good cause warranting an extension of the appeal period. On remand, the district court made the necessary findings and granted the motion for extension of time. 2

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