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    Clyde W. Myers appealed two district court orders denying habeas corpus relief. The appeals involved challenges to decisions of the United States Parole Commission related to his incarceration. The Fourth Circuit affirmed both district court rulings. In the first appeal, the Fourth Circuit found the case was not moot and reviewed the merits, affirming based on the reasoning of the magistrate judge. In the second appeal, the Fourth Circuit also affirmed based on the reasoning of the district court. Both of Myers' challenges to the Parole Commission's decisions were denied.

    Original Description:

    Filed: 1992-01-24 Precedential Status: Non-Precedential Citations: 952 F.2d 1396 Docket: 91-7202

    Original Title

    Clyde W. Myers v. United States Parole Commission Federal Bureau of Prisons Carolyn v. Rickard, Associate Warden, F.C.I. Morgantown, West Virginia, Clyde W. Myers v. United States Parole Commission Warden, F.C.I. Morgantown, 952 F.2d 1396, 4th Cir. (1992)

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    Clyde W. Myers appealed two district court orders denying habeas corpus relief. The appeals involved challenges to decisions of the United States Parole Commission related to his incarceration. The Fourth Circuit affirmed both district court rulings. In the first appeal, the Fourth Circuit found the case was not moot and reviewed the merits, affirming based on the reasoning of the magistrate judge. In the second appeal, the Fourth Circuit also affirmed based on the reasoning of the district court. Both of Myers' challenges to the Parole Commission's decisions were denied.

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    United States Court of Appeals, Fourth Circuit

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    Clyde W. Myers appealed two district court orders denying habeas corpus relief. The appeals involved challenges to decisions of the United States Parole Commission related to his incarceration. The Fourth Circuit affirmed both district court rulings. In the first appeal, the Fourth Circuit found the case was not moot and reviewed the merits, affirming based on the reasoning of the magistrate judge. In the second appeal, the Fourth Circuit also affirmed based on the reasoning of the district court. Both of Myers' challenges to the Parole Commission's decisions were denied.

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    of 2

    952 F.

    2d 1396

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Clyde W. MYERS, Petitioner-Appellant,
    v.
    UNITED STATES PAROLE COMMISSION; Federal Bureau
    of Prisons;
    Carolyn V. Rickard, Associate Warden, F.C.I.
    Morgantown, West Virginia,
    Respondents-Appellees.
    Clyde W. MYERS, Petitioner-Appellant,
    v.
    UNITED STATES PAROLE COMMISSION; Warden, F.C.I.
    Morgantown,
    Respondents-Appellees.
    Nos. 91-7202, 91-6309.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 7, 1992.
    Decided Jan. 24, 1992.

    Appeals from the United States District Court for the Northern District of
    West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (CA91-78-E; CA-90-110-E)
    Clyde W. Myers, appellant pro se.
    Samuel Gerald Nazzaro, Jr., Assistant United States Attorney, Wheeling,
    W.Va., for appellees.
    N.D.W.Va.

    AFFIRMED.
    Before WIDENER, K.K. HALL and PHILLIPS, Circuit Judges.
    OPINION
    PER CURIAM:

    Clyde W. Myers appeals from the district court's orders refusing habeas corpus
    relief pursuant to 28 U.S.C. 2241 (1988). We affirm.

    In case number 91-7202, the magistrate judge recommended that Myers'


    petition be dismissed on the merits. The district court dismissed the petition as
    moot and denied Myers' motion for reconsideration pursuant to Fed.R.Civ.P.
    59(e). We find that the collateral consequences exception to the mootness
    doctrine applies and that we must review the merits of Myers' petition. See
    Leonard v. Hammond, 804 F.2d 838, 842 (4th Cir.1986); 28 C.F.R. 2.20
    (1991). Nevertheless, we affirm on the reasoning of the magistrate judge.
    Myers v. United States Parole Comm'n, CA-90-110-E (N.D.W. Va. June 4,
    1991).

    In case number 91-6309, we grant leave to proceed in forma pauperis and


    affirm the dismissal of the appeal on the reasoning of the district court. Myers
    v. United States Parole Comm'n, CA-91-78-E (N.D.W.Va. Sept. 12, 1991).

    We dispense with oral agrument because the facts and legal contentions are
    adequately presented in the materials before the Court and argument would not
    aid the decisional process.

    AFFIRMED.

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