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  • Kennedy v. Vanyur, 4th Cir. (2000)

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    Michael Kennedy filed a 28 U.S.C. § 2241 petition which was denied by the district court. Kennedy appealed. The Fourth Circuit Court of Appeals: 1) Reviewed the record and the district court's opinion accepting the magistrate judge's recommendation. 2) Found no reversible error in the district court's denial of Kennedy's § 2241 petition or denial of his motion to proceed in forma pauperis on appeal. 3) Affirmed the district court's rulings based on the reasoning in the district court's opinion.

    Original Description:

    Filed: 2000-02-01 Precedential Status: Non-Precedential Docket: 99-7221

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    Michael Kennedy filed a 28 U.S.C. § 2241 petition which was denied by the district court. Kennedy appealed. The Fourth Circuit Court of Appeals: 1) Reviewed the record and the district court's opinion accepting the magistrate judge's recommendation. 2) Found no reversible error in the district court's denial of Kennedy's § 2241 petition or denial of his motion to proceed in forma pauperis on appeal. 3) Affirmed the district court's rulings based on the reasoning in the district court's opinion.

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    4 views2 pages

    Kennedy v. Vanyur, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    Michael Kennedy filed a 28 U.S.C. § 2241 petition which was denied by the district court. Kennedy appealed. The Fourth Circuit Court of Appeals: 1) Reviewed the record and the district court's opinion accepting the magistrate judge's recommendation. 2) Found no reversible error in the district court's denial of Kennedy's § 2241 petition or denial of his motion to proceed in forma pauperis on appeal. 3) Affirmed the district court's rulings based on the reasoning in the district court's opinion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7221

    MICHAEL KENNEDY,
    Petitioner - Appellant,
    versus
    JOHN M. VANYUR,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-98-947-BR)

    Submitted:

    January 20, 2000

    Decided:

    February 1, 2000

    Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Michael Kennedy, Appellant Pro Se. Fenita Morris Shepard, OFFICE
    OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael Kennedy appeals the district courts orders denying
    relief on his 28 U.S.C. 2241 (1994) petition and denying his
    motion for leave to proceed in forma pauperis on appeal.

    We have

    reviewed the record, the district courts opinion accepting the


    recommendation of the magistrate judge, and the order denying leave
    to

    proceed

    in

    forma

    pauperis,

    and

    find

    no

    reversible

    error.

    Accordingly, we affirm on the reasoning of the district court. See


    Kennedy v. Vanyur, No. CA-98-947-BR (E.D.N.C. Aug. 25, 1999 & Oct.
    15, 1999).

    We deny leave to proceed in forma pauperis and 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

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