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  • Bradley Sheppard v. Warden of FCI Estill, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Bradley Sheppard's post-judgment motion seeking relief from the dismissal of his 28 U.S.C. § 2241 habeas corpus petition. The appellate court found no reversible error in the district court's construing of Sheppard's motion as one made under Rule 60(b) of the Federal Rules of Civil Procedure. The appellate court also denied Sheppard's motion for appointment of counsel.

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    Filed: 2012-08-02 Precedential Status: Non-Precedential Docket: 12-6603

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Bradley Sheppard's post-judgment motion seeking relief from the dismissal of his 28 U.S.C. § 2241 habeas corpus petition. The appellate court found no reversible error in the district court's construing of Sheppard's motion as one made under Rule 60(b) of the Federal Rules of Civil Procedure. The appellate court also denied Sheppard's motion for appointment of counsel.

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    5 views2 pages

    Bradley Sheppard v. Warden of FCI Estill, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Bradley Sheppard's post-judgment motion seeking relief from the dismissal of his 28 U.S.C. § 2241 habeas corpus petition. The appellate court found no reversible error in the district court's construing of Sheppard's motion as one made under Rule 60(b) of the Federal Rules of Civil Procedure. The appellate court also denied Sheppard's motion for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6603

    BRADLEY SHANE SHEPPARD,


    Petitioner - Appellant,
    v.
    WARDEN OF FCI ESTILL,
    Respondent Appellee,
    and
    UNITED STATES OF AMERICA,
    Respondent.

    Appeal from the United States District Court for the District of
    South Carolina, at Aiken. Richard Mark Gergel, District Judge.
    (1:10-cv-03220-RMG)

    Submitted:

    July 26, 2012

    Decided:

    August 2, 2012

    Before MOTZ, DAVIS, and FLOYD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Bradley Shane Sheppard, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bradley

    Shane

    Sheppard,

    federal

    prisoner,

    appeals

    the district courts order construing his post-judgment motion


    as a Fed. R. Civ. P. 60(b) motion for relief from the district
    courts order dismissing his 28 U.S.C.A. 2241 (West 2006 &
    Supp. 2012) petition.
    reversible error.

    We have reviewed the record and find no

    Accordingly, we affirm for the reasons stated

    by the district court.

    See Sheppard v. Warden of FCI Estill,

    No. 1:10cv03220-RMG (D.S.C. Mar. 19, 2012).

    Further, we deny

    Sheppards motion for the appointment of counsel.

    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

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