Andrew Burl Wright v. JOHN J. LAMANNA, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7346
ANDREW BURL WRIGHT,
Petitioner - Appellant,
versus
JOHN J. LAMANNA, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. David C. Norton, District Judge.
(CA-05-1409-DCN)
Submitted: January 13, 2006 Decided: February 9, 2006
Before LUTTIG, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Andrew Burl Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

- 2 -
PER CURIAM:
Andrew Burl Wright appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief without prejudice on Wright’s petition filed under 28 U.S.C.
§ 2241 (2000). Wright claims the district court erred by referring
his petition to a magistrate judge, but the district court was well
within its jurisdiction to refer the case under 28 U.S.C.
§ 636(b)(1)(B) (2000). The district court was not required to
obtain Wright’s consent to refer the case to a magistrate judge
because the magistrate judge did not enter a final order in the
case. See generally United States v. Bryson, 981 F.2d 720 (4th
Cir. 1992). Accordingly, we affirm the judgment of the district
court. 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

-- 2 of 2 --