Larry Young v. Patricia Stansberry, No. 11-6235 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6235 LARRY ARNOLD YOUNG, Petitioner Appellant, v. PATRICIA R. STANSBERRY, Warden, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:09-cv-01276-AJT-TCB) Submitted: June 23, 2011 Decided: July 6, 2011 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Larry Arnold Young, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry Arnold Young appeals the district court s order dismissing without prejudice his 28 U.S.C. § 2241 petition for failure to comply with the court s order. (2006) We have reviewed the record and affirm the dismissal, but modify the disposition to dismissal petition, Young sought Amendment 657 to the with a prejudice. reduction United in States In his sentence Sentencing § 2241 based on Guidelines. Because Young previously sought this identical relief, and the district court denied relief on the merits, see United States v. Young, No. 1:88-cr-00112-1 (S.D. W. Va. Apr. 29, 2010); United States v. Young, No. 1:88-cr-00112-1 (S.D. W. Va. Apr. 21, 2006), Young s attempt to relitigate this claim is barred. We therefore affirm the dismissal of the petition, but note that the dismissal another motion is with seeking prejudice to this relief. same proceed in forma pauperis is granted. Young s ability Young s to file motion to 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 AS MODIFIED 2

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