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  • DeVaughn v. Dove, 4th Cir. (2002)

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    This document is a 3-sentence summary of an unpublished United States Court of Appeals case. It dismisses Michael O. DeVaughn's appeal of a district court order that construed his petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C.A. § 2255 and dismissed it without prejudice. The appeals court reviewed the record and found no reversible error in the district court's reasoning. It therefore denies a certificate of appealability and dismisses the appeal.

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    Filed: 2002-03-04 Precedential Status: Non-Precedential Docket: 01-7206

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    This document is a 3-sentence summary of an unpublished United States Court of Appeals case. It dismisses Michael O. DeVaughn's appeal of a district court order that construed his petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C.A. § 2255 and dismissed it without prejudice. The appeals court reviewed the record and found no reversible error in the district court's reasoning. It therefore denies a certificate of appealability and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    8 views2 pages

    DeVaughn v. Dove, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a 3-sentence summary of an unpublished United States Court of Appeals case. It dismisses Michael O. DeVaughn's appeal of a district court order that construed his petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C.A. § 2255 and dismissed it without prejudice. The appeals court reviewed the record and found no reversible error in the district court's reasoning. It therefore denies a certificate of appealability and dismisses the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7206

    MICHAEL O. DEVAUGHN,
    Plaintiff - Appellant,
    versus
    DAN L. DOVE,
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. Joseph F. Anderson, Jr., Chief District Judge. (CA-00-3546-4-17BF)

    Submitted:

    February 21, 2002

    Decided:

    March 4, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Michael O. DeVaughn, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael O. DeVaughn seeks to appeal the district courts order
    construing his petition filed under 28 U.S.C. 2241 (1994), as a
    motion filed under 28 U.S.C.A. 2255 (West Supp. 2001), and dismissing his action without prejudice.

    We have reviewed the record

    and the district courts opinion and find no reversible error.


    Accordingly, we deny a certificate of appealability and dismiss the
    appeal on the reasoning of the district court.

    DeVaughn v. Dove,

    No. CA-00-3546-4-17BF (D.S.C. June 27, 2001).

    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.

    DISMISSED

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