Joseph M. Cherry, Ii v. Warden Terry O’brien

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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.

-- 1 of 3 --

2
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
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. We have reviewed the record
and find no reversible error. Accordingly, although we grant
leave to proceed in forma pauperis, we affirm the district
court’s order. Cherry v. O’Brien, No. 3:13-cv-00001-GMG-DJJ
(N.D.W. Va. June 19, 2013). 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 of 3 --