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  • Roseboro v. United States, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Terry Lee Roseboro's § 2241 petition. The appeals court found no reversible error in the district court's acceptance of the magistrate's recommendation to dismiss the petition. The appeals court granted Roseboro's motions to proceed in forma pauperis but affirmed the dismissal on the grounds that Roseboro's petition was properly characterized as an unauthorized successive § 2255 motion.

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    Filed: 2006-08-28 Precedential Status: Non-Precedential Docket: 05-7542

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Terry Lee Roseboro's § 2241 petition. The appeals court found no reversible error in the district court's acceptance of the magistrate's recommendation to dismiss the petition. The appeals court granted Roseboro's motions to proceed in forma pauperis but affirmed the dismissal on the grounds that Roseboro's petition was properly characterized as an unauthorized successive § 2255 motion.

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    Roseboro v. United States, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of Terry Lee Roseboro's § 2241 petition. The appeals court found no reversible error in the district court's acceptance of the magistrate's recommendation to dismiss the petition. The appeals court granted Roseboro's motions to proceed in forma pauperis but affirmed the dismissal on the grounds that Roseboro's petition was properly characterized as an unauthorized successive § 2255 motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7542

    TERRY LEE ROSEBORO,


    Petitioner - Appellant,
    versus
    UNITED STATES OF AMERICA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Beckley.
    David A. Faber, Chief
    District Judge. (5:04-cv-0389)

    Submitted: August 24, 2006

    Decided: August 28, 2006

    Before KING, SHEDD, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Terry Lee Roseboro, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Terry Lee Roseboro, a federal prisoner, appeals the
    district

    courts

    order

    accepting

    the

    magistrate

    judges

    recommendation and dismissing his 28 U.S.C. 2241 (2000) petition.


    We have reviewed the record and the district courts orders and
    find no reversible error. See Roseboro v. United States, No. 5:04cv-0389 (S.D.W. Va. Mar. 31, 2005; Sept. 15, 2005).

    Accordingly,

    we grant Roseboros motions for leave to proceed in forma pauperis


    and affirm on the ground that Roseboros petition is properly
    characterized as an unauthorized successive 28 U.S.C. 2255 (2000)
    motion. 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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