Vincent Lattanzio v. United States, No. CA-03-169-1 N.D.W. Va. Aug. 3, 2004 . However, we modify the…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7332
VINCENT LATTANZIO,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CA-03-169-1)
Submitted: February 28, 2005 Decided: March 22, 2005
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Vincent Lattanzio, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Vincent Lattanzio, a federal prisoner, appeals the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his petition filed under
28 U.S.C. § 2241 (2000). We have reviewed the record and find no
reversible error. Accordingly, we affirm on the reasoning of the
district court. See Lattanzio v. United States, No. CA-03-169-1
(N.D.W. Va. Aug. 3, 2004). However, we modify the district court’s
order to reflect that Lattanzio’s claim that he has been improperly
denied the ability to exchange legal correspondence with his
co-defendant is dismissed without prejudice. Lattanzio’s Motion to
Remand to the District Court, Motion for Leave to Amend Petition
and to Vacate Dismissal, motion to substitute party, and motion to
appoint counsel are denied.
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

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