Alfred Lee Mauldin v. Six Unknown Named Agents, 403 U.S. 388 1971 . We have reviewed the record

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6643
ALFRED LEE MAULDIN,
Petitioner - Appellant,
versus
PATRICIA STANSBERRY, Warden
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (5:07-hc-02002)
Submitted: June 21, 2007 Decided: June 29, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Alfred Lee Mauldin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alfred Lee Mauldin seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2241 (2000) petition so he may
refile it as an action under Bivens v. Six Unknown Named Agents,
403 U.S. 388 (1971). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. See Mauldin v. Stansberry, No. 5:07-hc-02002
(E.D.N.C. Apr. 5, 2007). We modify the district court’s order,
however, to reflect that the dismissal is without prejudice. We
deny Mauldin’s motions to consolidate this appeal with No. 07-6199,
an unrelated appeal pending in this 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 AS MODIFIED

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