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  • Banks v. Stansberry, 4th Cir. (2007)

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    Frederick Hamilton Banks, a federal prisoner, appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition so that he could refile it as a Bivens action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error. The appeals court also affirmed the district court's denial of Banks' motion for reconsideration. The unpublished opinion from the Fourth Circuit does not constitute binding legal precedent.

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    Filed: 2007-02-26 Precedential Status: Non-Precedential Docket: 06-7938

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    Frederick Hamilton Banks, a federal prisoner, appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition so that he could refile it as a Bivens action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error. The appeals court also affirmed the district court's denial of Banks' motion for reconsideration. The unpublished opinion from the Fourth Circuit does not constitute binding legal precedent.

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    4 views2 pages

    Banks v. Stansberry, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Frederick Hamilton Banks, a federal prisoner, appealed the district court's dismissal without prejudice of his 28 U.S.C. § 2241 petition so that he could refile it as a Bivens action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error. The appeals court also affirmed the district court's denial of Banks' motion for reconsideration. The unpublished opinion from the Fourth Circuit does not constitute binding legal precedent.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7938

    FREDERICK HAMILTON BANKS,


    Petitioner - Appellant,
    versus
    PATRICIA R. STANSBERRY,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
    District Judge. (5:06-hc-02153-H)

    Submitted: February 15, 2007

    Decided:

    February 26, 2007

    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Frederick Hamilton Banks, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Frederick Hamilton Banks, a federal prisoner, appeals the
    district courts order dismissing, without prejudice, his 28 U.S.C.
    2241 (2000) petition so that he may refile it as an action under
    Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1981) and denying
    his motion for reconsideration.

    We have reviewed the record and

    find no reversible error.

    Accordingly, we affirm for the reasons

    stated

    court.

    by

    the

    district

    Banks

    v.

    Stansberry,

    5:06-hc-02153-H (E.D.N.C. Nov. 13 & Dec. 18, 2006).

    No.

    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 -

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