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  • McKelvey v. Rivera, 4th Cir. (2010)

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    1) Johnnie Elvin McKelvey, a federal prisoner, appealed the district court's denial of relief on his § 2241 habeas petition to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit reviewed the record and found no reversible error in the district court's decision. 3) The Fourth Circuit affirmed the district court's denial of McKelvey's § 2241 petition for the reasons stated in the district court's opinion.

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    Filed: 2010-12-29 Precedential Status: Non-Precedential Docket: 10-7253

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    1) Johnnie Elvin McKelvey, a federal prisoner, appealed the district court's denial of relief on his § 2241 habeas petition to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit reviewed the record and found no reversible error in the district court's decision. 3) The Fourth Circuit affirmed the district court's denial of McKelvey's § 2241 petition for the reasons stated in the district court's opinion.

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    5 views2 pages

    McKelvey v. Rivera, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    1) Johnnie Elvin McKelvey, a federal prisoner, appealed the district court's denial of relief on his § 2241 habeas petition to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit reviewed the record and found no reversible error in the district court's decision. 3) The Fourth Circuit affirmed the district court's denial of McKelvey's § 2241 petition for the reasons stated in the district court's opinion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7253

    JOHNNIE ELVIN MCKELVEY,


    Petitioner Appellant,
    v.
    MILDRED L. RIVERA, Warden,
    Respondent Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Henry F. Floyd, District Judge.
    (4:10-cv-00422-HFF)

    Submitted:

    December 16, 2010

    Decided:

    December 29, 2010

    Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Johnnie Elvin McKelvey, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Johnnie

    Elvin

    McKelvey,

    federal

    prisoner,

    appeals

    the district courts order adopting the recommendation of the


    magistrate judge and denying relief on his 28 U.S.C.A. 2241
    (West 2006 & Supp. 2010) petition.
    and find no reversible error.

    We have reviewed the record

    Accordingly, although we grant

    leave to proceed in forma pauperis, we affirm for the reasons


    stated by the district court.

    McKelvey v. Rivera, No. 4:10-cv-

    00422-HFF (D.S.C. July 27, 2010).

    We deny McKelveys motion to

    seal 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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