Joseph Cherry, II v. Terry O'Brien, No. 13-7161 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7161 JOSEPH M. CHERRY, II, Petitioner - Appellant, v. WARDEN TERRY O BRIEN, Respondent Appellee, and USP HAZELTON, Respondent. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:13-cv-00001-GMG-DJJ) Submitted: October 17, 2013 Decided: October 21, 2013 Before AGEE, DAVIS, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Joseph M. Cherry, II, Appellant Pro Se. Helen Campbell Altmeyer, Jarod James Douglas, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Joseph M. Cherry, II, a federal prisoner, appeals the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2013) petition. and find no reversible error. leave to court s proceed order. in forma Cherry v. (N.D.W. Va. June 19, 2013). We have reviewed the record Accordingly, although we grant pauperis, O Brien, we No. affirm the district 3:13-cv-00001-GMG-DJJ 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 3

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